Criminal Procedure Code of the Republic of Kazakhstan

New Unofficial translation

The Code of the Republic of Kazakhstan dated July 4, 2014 No. 231

General part

Section 1. General provisions

Chapter 1. The criminal procedure legislation of
the Republic of Kazakhstan

Article 1. The legislation, governing criminal proceedings

      1. The procedure for criminal proceedings in the territory of the Republic of Kazakhstan is determined by the Constitution of the Republic of Kazakhstan, constitutional laws, Criminal Procedure Code of the Republic of Kazakhstan, based on the Constitution of the Republic of Kazakhstan and the generally recognized principles and norms of international law. Provisions of other laws, governing criminal proceedings, shall be included in this Code.
      2. International contractual and other obligations of the Republic of Kazakhstan, as well as regulatory resolutions of the Constitutional Council and the Supreme Court of the Republic of Kazakhstan, governing the procedure of criminal proceedings, are an integral part of the criminal procedure law.
      3. If in the course of criminal proceedings it is necessary to address the issue that should be resolved in accordance with the civil or administrative law, it shall be resolved in civil or administrative proceedings.

Article 2. Application of prevailing legal norms in
criminal proceedings

      1. The Constitution of the Republic of Kazakhstan shall have supreme legal force and direct effect throughout the territory of the Republic of Kazakhstan. In case of conflict between the rules of this Code and the Constitution of the Republic of Kazakhstan, the provisions of the Constitution of the Republic of Kazakhstan shall apply.
      2. In case of conflict between the rules of this Code and the constitutional law of the Republic of Kazakhstan, the provisions of the constitutional law shall apply. In case of conflict between the rules of this Code and other laws, the provisions of this Code shall apply.
      3. International treaties, ratified by the Republic of Kazakhstan shall have priority over this Code and shall apply directly, unless the international treaty provides that its application shall require the issuance of law.

Article 3. Effect of the Criminal procedure law in space

      1. Criminal proceedings in the territory of the Republic of Kazakhstan, regardless of where the criminal offence committed, shall be conducted in accordance with this Code.
      2. If an international treaty, ratified by the Republic of Kazakhstan stipulates other rules for application of this Code in the space, the rules of the international treaty shall apply.

Article 4. Application in the territory of the Republic of
Kazakhstan of the criminal procedural law of a foreign country

      Application in the territory of the Republic of Kazakhstan criminal procedural law of a foreign country by the investigating bodies and the courts of a foreign country or on behalf of them by the body, conducting the criminal proceedings, shall be allowed, if an international treaty, ratified by the Republic of Kazakhstan provides that.

Article 5. Effect of the Criminal procedure law in time

      1. Criminal proceedings shall be carried out in accordance with the Criminal Procedure Law, enacted by the time of performing a procedural action, and the procedural decision-making.
      2. Admissibility of evidence is determined in accordance with the law in force at the time of their receipt.

Article 6. Effect of the Criminal procedure law against foreigners and stateless persons

      1. Criminal proceedings against foreigners and stateless persons shall be carried out in accordance with this Code.
      2. Features of the criminal proceedings pending against, or involving persons with diplomatic or other privileges and immunities, established by international treaties of the Republic of Kazakhstan, shall be determined in accordance with Chapter 57 of this Code.

Article 7. Clarification of some definitions, used in this Code

      The definitions, used in this Code, unless otherwise stated in the law, have the following meanings:
      1) extradition of a person (extradition) – issuing to the State of a person, wanted for criminal prosecution or execution of sentence;
      2) the prosecution party - the criminal prosecution bodies, as well as the complainant (private prosecutor), civil claimant, their legal representatives and representatives;
      3) a juror - a citizen of the Republic of Kazakhstan, called to participate in the consideration by the court of a criminal case in the manner prescribed by this Code, and took the oath;
      4) court of appeals - the court hearing the case on the merits on appeals (protests) to not become enforceable sentences, decrees of court of first instance;
      5) special knowledge - not well-known in the criminal process knowledge, acquired during professional training or practical activities and used to solve problems in criminal proceedings;
      6) special scientific knowledge - areas of special knowledge, the contents of which constitute scientific knowledge, implemented in methods of forensic research;
      7) applicant - the person that reported on the criminal offence or addressed the court or the criminal prosecution bodies for the protection in the criminal proceedings of his (her) real or perceived rights, or the rights of the person concerned;
      8) main trial - the consideration of a criminal case on the merits by a court of first instance;
      9) court of first instance - the district and equivalent courts (city, specialized inter-district courts, military courts of garrisons), considering in accordance with the jurisdiction of criminal cases, received after the completion of the pre-trial investigation or after the cancellation of the judicial act by a higher court, or on the complaint of a private prosecutor;
      10) scientific and technological means - devices, special equipment, materials, legitimately applied to detect, control, seizure and examination of evidence;
      11) close relatives - parents, children, adoptive parents, adopted persons, full and half brothers and sisters, grandparents, grandchildren;
      12) tacit investigative action - an action, carried out during the pre-trial proceedings without informing of the involved in the criminal trial persons whose interests it relates, in the manner and in cases stipulated by this Code;
      13) legal representatives -parents (parent), adoptive parents, guardians of the suspected, accused, complainant, civil claimant, as well as representatives of organizations and individuals, in the care or maintenance of which are the suspected, the accused or the complainant;
      14) court of cassation - the court hearing the case on cassation complaint, protest against the sentences, the decisions of district and equivalent courts (including specialized inter-district courts), as well as sentences and decisions of the court of appeal;
      15) supervisory instance - Collegium of the Supreme Court of the Republic of Kazakhstan, considered in the order of supervision the case on the petition, protest, presentation to the effective judicial acts;
      16) decision – any decision of the court, except the sentence, the decision of the investigator, the body of inquiry, investigator, prosecutor, adopted during the criminal proceedings;
      17) protection - procedural activities, carried out by the defense team in order to ensure the rights and interests of persons who are suspected, accused of a criminal offence, the denials or mitigate suspicions, accusations, as well as rehabilitation of persons, unlawfully subjected to criminal prosecution;
      18) defense team- the suspected, accused, convicted or acquitted, their legal representatives, defense counsel, civil defendant and his (her) representative;
      19) final decision - any decision of the body, conducting the criminal proceedings, excluding the beginning or continuation of the proceedings, as well as deciding, though not completely, the case on the merits;
      20) competent body - the body, conducting the criminal proceedings, which makes a request (order, petition) in accordance with section 12 of this Code or provides execution of the request (order, petition) for legal assistance;
      21) legal assistance - conducting by the competent bodies of one State on request (order, petition) of the competent bodies of another state or international judicial institutions of proceedings, necessary for the pre-trial investigation, adjudication of a case or enforcement of the judicial act;
      22) criminal prosecution (prosecution) - procedural activities, carried out by the prosecution party in order to establish the acts, prohibited by criminal law, and the perpetrator, the guilt of the latter with a criminal offence, as well as to ensure the application to such person of punishment or other measures of criminal law;
      23) bodies (officials) of criminal prosecution - procurator (state prosecutor), investigator, the body of inquiry, interrogating officer;
      24 ) other persons, involved in criminal proceedings – secretary of judicial session, interpreter, witness, the witness who is entitled to protection, identifying witness, expert, specialist, officer of justice, mediator;
      25) participants in criminal proceedings - bodies and persons, engaged in criminal prosecution and pressing charges in court, as well as those that protect in the proceeding of criminal case their or represented to them rights and interests: procurator (state prosecutor), investigator, the body of inquiry, interrogating officer, suspected, accused, their legal representatives, defense counsel, civil defendant, victim, private prosecutor, civil claimant, their legal representatives and representatives;
      26) body, conducting the criminal proceedings - court, as well as in the pre-trial investigation - procurator, investigator, the body of inquiry, interrogating officer;
      27) criminal case - a separate production, conducted by the criminal prosecution body and (or) by the court regarding one or more criminal offences;
      28) state prosecution - procedural activity of the procurator in the court of first instance and court of appeal, consisting in proving the accusations for the purpose of criminal prosecution of the person that committed a criminal offence;
      29) actual detention - restriction of the freedom of the detained person, including freedom of movement, forced confinement in a certain place, forced conveying to the bodies of inquiry and investigation (capture, closing in the room, forced to go somewhere or stay in place, and so on), as well as any other actions that substantially restrict personal freedom, from the time up to the moment when these restrictions become real, regardless of giving the detainee any procedural status or performing other formal procedures;
      30) protest - an act of response of the procurator against the decision of the court in a criminal case, made within its competence and in the manner prescribed by this Code;
      31) central body - the body, authorized on behalf of the State to consider in the manner prescribed by this Code, a request (order, petition) of the competent body of a foreign state or international judicial institutions and to take steps to organize its execution or send to a foreign state a request (order, petition) of the competent body for legal assistance;
      32) representatives – persons, authorized to represent the legitimate interests of the victim, civil claimant, private prosecutor, civil defendant under the law or agreement;
      33) petition - a request of the party or applicant, addressed to the body, conducting the criminal proceedings, on the production of proceedings or the adoption of a procedural decision, and for the supervisory instance - a request to initiate supervisory proceedings and review of the judicial act that came into legal force;
      34) head of the procuracy authorities - the Procurator General of the Republic of Kazakhstan, procurators of regions and equivalent procurators and their deputies, as well as procurators of districts, cities and equivalent procurators and their deputies, acted within their jurisdiction;
      35) procedural procurator - the procurator to which in accordance with this Code, by the head of the procuracy is entrusted the supervision over the application of laws in the criminal case;
      36) procedural actions - actions to be taken in the course of criminal proceedings in accordance with this Code;
      37) procedural agreement – the agreement concluded between the procurator and the suspected, accused or defendant at any stage of the criminal proceedings, or with the convicted person in the manner and on the grounds, provided by this Code;
      38) procedural decisions - acts of the bodies, conducting the criminal proceedings, issued in connection with the execution of the criminal proceedings;
      39) the sanction - the court’s permission to perform during the pre-trial proceedings by the criminal prosecution body of the procedural action or the act of approval by the procurator of the procedural action or procedural decision, made or adopted by the criminal prosecution body;
      40) court - judicial authority, any legally constituted court that is a part of the judicial system of the Republic of Kazakhstan, and considering the cases collectively or individually;
      41) pre-trial proceedings - the proceedings in the case from the beginning of the pre-trial investigation to sending by the procurator the case to the court for consideration on the merits or the termination of the proceedings, as well as the preparation of materials for the criminal case by the private prosecutor and defense team;
      42) Judge - the carrier of the judiciary; professional judge, appointed or elected to the position in accordance with the law (the Court Chairman, the Chairman of the Judicial Board, the judge of the relevant court);
      43) requesting party - the state, the competent body of which makes a request (order, petition), or an international judicial institution;
      44) requested party - the state, to the competent body of which a request (order, petition) is sent;
      45) parties - bodies and persons, engaged in the proceedings on the basis of competitiveness and equality of the prosecution (criminal prosecution) and protection from prosecution;
      46) investigative jurisdiction - a set of grounds defined by this Code on which the investigation of criminal offences shall be within the competence of one or another body of criminal prosecution;
      47) investigating judge – a judge of the court of first instance, exercising powers under this Code during the pre-trial proceedings;
      48) presiding judge - a judge, presiding at the collegiate criminal proceedings or hearing the case alone;
      49) dwelling place - a room or building for temporary or permanent residence of one or more persons, including own or rented apartment, house, garden house, hotel room, cabin, compartment; directly adjoining verandas, terraces, galleries, balconies, roof structure, basement and attic of a residential building, except for an apartment house, as well as a river or sea vessel, and others;
      50) relatives - persons in kinship, having common ancestors to the great-father and great-grandmother;
      51) night time - the period from twenty-two to six hours local time;
      52) sentence - a court decision, issued by the court of first instance, the court of appeal on the issue of guilt or innocence of the accused, and the use or non-use of punishment to him (her);
      53) is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015);
      54) protocol – a procedural document which contains the procedural action, performed by the body, conducting the criminal proceedings;
      55) complaint - the act of responding of the trial participants to the actions (inaction) and decisions of the bodies of inquiry, preliminary investigation, the procurator or the court, as well as the requirement of a person for criminal prosecution in the private or private-public order;
      56) search measures (activities) – the measures, performed on behalf of the body, conducting the criminal proceedings, the actions of the body of inquiry aimed at establishing the location of persons, hiding from the body, conducting the criminal proceedings, and (or) avoiding criminal liability, the untraceable missing persons, objects and documents, relevant to the case, as well as identification of the perpetrators of a criminal offence;
      57) proceedings - a set of procedural actions and decisions, undertaken in a particular criminal case during its pre-trial and judicial proceedings;
      58) extradition arrest - an interim measure for execution of the decision of the competent body of a foreign state on the detention of a person in custody, to be applied by the court against the person sought for the purpose of extradition to a foreign state.
      Footnote. Article 7, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Chapter 2. Objectives and principles of criminal procedure

Article 8. The objectives of criminal procedure

      1. The objectives of criminal procedure are prevention, impartial, prompt and full disclosure, investigation of criminal offences, exposure and bringing to justice those who committed them, a fair trial and the correct application of the criminal law, the protection of persons, society and the state from criminal offences.
      2. The legal procedure in criminal cases shall ensure protection against unjustified accusation and conviction, unlawful restriction of the rights and freedoms of man and citizen, and in the case of illegal accusation or conviction of an innocent person – his (her) immediate and complete rehabilitation, as well as to contribute to strengthening the rule of law, prevention of criminal offences, the formation of respect for the law.

Article 9. The principles of criminal procedure and
their meaning

      1. The principles are the fundamental beginning of the criminal procedure, defining the system and the contents of its stages, institutions and norms that provide the general conditions for exercise of the rights and obligations of participants to the proceedings, and the decision of its tasks.
      2. Violation of the principles of the criminal procedure, depending on its nature and materiality, implies the recognition of the procedural action or decision as unlawful, cancellation of ??the decisions, made in the course of such proceedings or recognition of the materials collected as not to have the strength of evidence or the proceedings held as invalid.

Article 10. Legality

      1. Court, procurator, investigator, the body of inquiry and interrogating officer during criminal proceedings shall strictly follow the requirements of the Constitution of the Republic of Kazakhstan, this Code and other regulatory legal acts, referred to in Article 1 of this Code.
      2. The courts are not entitled to apply laws and other regulatory legal acts, infringing the stipulated in the Constitution of the Republic of Kazakhstan rights and freedoms of man and citizen. If the court finds that a law or other regulatory legal act, subject to application infringes on the rights of the Republic of Kazakhstan and freedoms of man and citizen, it is obliged to stay the proceedings and refer to the Constitutional Council of the Republic of Kazakhstan with a proposal to declare the act as unconstitutional.
      3. Violation of the law by the court, the bodies of criminal proceedings in the criminal proceedings is inadmissible and entails liability under the law, annulment of illegal acts and their abolition.
      4. In case of conflict of norms of this Code, those of which that comply with the principles of criminal procedure shall apply, and in the absence of a regulation in the norms, the proceedings issues shall be resolved directly on the basis of the principles of the criminal procedure.

Article 11. Administration of justice only by court

      1. Criminal justice in the Republic of Kazakhstan shall be exercised only by the court. Assignment of powers of the court whosoever entails the criminal liability under the law.
      2. No one shall be found guilty of a criminal offence, as well as subjected to criminal punishment except by a court decision and in accordance with the law.
      3. The competence of the court, its jurisdiction, the procedure for exercising its criminal proceedings shall be defined by the law and cannot be arbitrarily changed. The establishment of emergency or special courts under whatsoever name for consideration of criminal cases shall not be allowed. Sentences and other decisions of emergency courts and other courts, established illegally shall not have legal force and cannot be enforced.
      4. Sentences and other decisions of the court, exercising criminal proceedings for not under the jurisdiction case, exceeded its authority or otherwise violated the principles of the criminal procedure, stipulated in this Code, shall be illegal and subject to cancellation.
      5. Sentences and other court decisions in a criminal case can be checked and reviewed only by the competent courts in the manner prescribed by this Code.

Article 12. Judicial protection of the rights and freedoms
of man and citizen

      1. Everyone has the right to judicial protection of his (her) rights and freedoms.
      2. No one may be changed the jurisdiction, stipulated by the law without his (her) consent.
      3. State shall ensure everyone’s access to justice and compensation for damages in the cases and manner prescribed by law.

Article 13. Respect for the honour and dignity

      1. In criminal proceedings, the decisions and actions that humiliate or diminish the dignity of the person, participating in criminal proceedings are prohibited, it is not allowed to collect, use and dissemination of information about the private life, as well as personal information that the person considers necessary to keep in secret, for purposes not covered by this Code.
      2. Moral damage, caused to the person by the unlawful actions of the bodies, conducting the criminal proceedings shall be compensated in accordance with the law.

Article 14. Personal immunity

      1. No one may be detained on suspicion of committing a criminal offence, detained or otherwise deprived of his (her) liberty except on the grounds and in the manner prescribed by this Code.
      2. The detention and house arrest shall be allowed only in cases, stipulated by this Code and only with the sanction of a court with the presentation to the person in custody or house arrest the right to appeal. A person without a court sanction may be detained for a period of not more than seventy-two hours. Forced placement of a person that is not held in custody in the medical organization for the production of forensic psychiatric and (or) forensic medical examination shall be permitted only by the court decision.
      3. Any person detained shall be immediately notified of the reason of detention, as well as in the commission of what offence under the criminal law, he (she) is suspected.
      4. The court, the bodies of criminal prosecution, the head of the administration of places of detention, medical organizations shall immediately release the person that is illegally detained or held in custody or unlawfully placed in a medical organization or held in custody beyond the period, provided by law or sentence.
      5. None of the participants in the criminal proceedings shall be subjected to torture and other cruel, inhuman or degrading treatment or punishment.
      6. No one may be induced to participate in procedural actions, endangering the life or health of a person. Procedural actions that violate the personal immunity may be made against the will of a person or his (her) legal representative only in cases and in the manner directly provided by this Code.
      7. The detention of a person, as well as detention on suspicion of having committed a criminal offence should be carried out under the conditions that do not endanger his (her) life or health.
      8. The damage, caused to a citizen as a result of illegal deprivation of freedom, detention in conditions dangerous to life and health, cruel treatment shall be compensated in accordance with the procedure prescribed by this Code.

Article 15. Protection of the rights and freedoms of citizens
in criminal proceedings

      1. The body, conducting the criminal proceedings shall be obliged to protect the rights and freedoms of citizens, involved in criminal proceedings, create conditions for their implementation, take timely measures to meet the legal requirements of participants in criminal proceedings.
      2. The damage caused to the citizen by violation of his (her) rights and freedoms in the criminal proceedings shall be compensated on the grounds and in the manner prescribed by this Code.
      3. If there are sufficient grounds to believe that the complainant, witness or other persons, involved in criminal proceedings, as well as their family members or other close relatives are threatened with murder, violence, destruction or damage to property or other dangerous illegal actions, the body conducting the criminal proceedings shall, to the extent of its competence, take legal measures for the protection of life, health, honour, dignity and property of these persons.

Article 16. Privacy. Privacy of correspondence, telephone conversations, postal, telegraph and other communications

      1. The private life of citizens, personal and family secrets shall be protected by law. Everyone shall have the right to confidentiality of personal deposits and savings, correspondence, telephone conversations, postal, telegraph and other communications.
      2. In the exercise of the criminal proceedings everyone is guaranteed the right to privacy (personal and family life). Limitation of this right shall be permitted only in cases and manner directly established by law.
      3. No one has the right to collect, store, use and disseminate information about the private life of a person without his (her) consent, except as required by law.
      4. Information about the person’s private life, obtained in the manner prescribed by this Code cannot be used otherwise than to fulfill the tasks of the criminal procedure.

Article 17. The inviolability of dwelling

      Dwelling is inviolable. Entry into a dwelling against the will of people, occupying it, its inspection and search shall be permitted only in cases and manner prescribed by law.

Article 18. The inviolability of property

      1. The property is guaranteed by law. No one shall be deprived of his (her) property except by court order.
      2. The seizure of the deposits of individuals in banks and other property, as well as their withdrawal during the procedural actions may be made in cases and manner prescribed by this Code.

Article 19. Presumption of innocence

      1. Everyone shall be presumed innocent until his (her) guilty in committing a criminal offence is not proved in the manner prescribed by this Code and established by a valid court sentence.
      2. No one shall be obliged to prove his (her) innocence.
      3. Irremovable doubts about the guilt of the suspected, accused, defendant shall be interpreted in their favour. The doubts arising as to the application of criminal law and criminal procedure law shall be decided in favour of the suspected, accused, defendant.
      4. Guilty verdict cannot be based on assumptions and must be confirmed by a sufficient set of admissible and reliable evidence.

Article 20. Inadmissibility of the repeated conviction
and criminal prosecution

      No one may be subjected to the repeated criminal liability for the same criminal offence.

Article 21. Administration of justice on the basis of equality
before the law and the court

      1. Justice is administered on the basis of equality before the law and the court.
      2. In the course of criminal proceedings, no one may be subjected to any discrimination on grounds of origin, social, official or property status, sex, race, nationality, language, attitude to religion, beliefs, place of residence or any other circumstances.
      3. Terms of the criminal proceedings against persons, enjoying privileges or immunity from criminal prosecution, shall be determined by the Constitution of the Republic of Kazakhstan, this Code, the laws and international treaties, ratified by the Republic of Kazakhstan.

Article 22. Independence of judges

      1. A judge in the administration of justice shall be independent and subject only to the Constitution of the Republic of Kazakhstan and the law.
      2. Any interference in the activities of the court in the administration of justice is prohibited and shall be punishable by law. Judges shall not be accountable in specific cases.
      3. Guarantees of independence of the judge shall be established by the Constitution of the Republic of Kazakhstan and the law.

Article 23. Proceedings on the basis of competitiveness and
equality of the parties

      1. Criminal proceedings are based on the principle of competitiveness and equality between prosecution and defense parties.
      2. Criminal prosecution, defense and resolution of the case by the court are separated from each other and carried out by different bodies and officials.
      3. The burden of proof of guilt of a person in committing a criminal offence and a refutation of his (her) arguments in his (her) defense are assigned to the bodies of criminal prosecution, and in the court - to the public and private prosecutors.
      4. Defense counsel shall use all legal means and ways to protect the suspected, accused, convicted, acquitted.
      5. The Court is not a body of criminal prosecution, does not act for the prosecution or the defense, and does not express any interest, except for the interests of law.
      6. The Court, while maintaining objectivity and impartiality, shall create the necessary conditions for the performance by the parties of their procedural duties and exercise the rights granted to them.
      7. The parties, involved in the criminal procedure are equal it means that they are granted in accordance with the Constitution of the Republic of Kazakhstan and this Code with equal opportunities to defend their position. The court shall establish procedural decision only on the evidence to the study of which each of the parties is involved on an equal basis.
      8. The parties in the course of the criminal proceedings choose their position, the methods and means to defend themselves independently of the court, other bodies and persons. The court at the request of the party helps it to obtain the necessary materials in the manner prescribed by this Code.
      9. State prosecutor and private prosecutor may prosecute criminally a certain person or in cases stipulated by law, abandon the prosecution. The suspected, accused, defendant may freely deny their guilt or confess guilt, reconcile with the complainant, conclude a procedural agreement, the agreement on reconciliation in the order of mediation. The civil claimant shall have the right to abandon the claim or to settle amicably with the civil defendant. The civil defendant shall have the right to recognize the claim or to settle amicably with the civil claimant.
      10. The Court provides the right to the parties in the proceedings to consider the case in the first and appeal instance; the defendant and his (her) counsel, and other participants in the proceedings may participate in the consideration of the case in the cassational and supervisory procedure, and in the proceedings of newly discovered circumstances and considering the issues, related to the execution of the sentence. The prosecution party must be represented by the state or private prosecutor in the consideration by the court of every criminal case. Other cases where the parties are required to participate in the judicial consideration of the case shall be established by this Code.

Article 24. Comprehensive, full and objective investigation
of the circumstances of the case

      1. The court, procurator, investigator, interrogating officer shall take all measures prescribed by law for comprehensive, full and objective investigation of the circumstances, necessary for the proper resolution of the case.
      The court examines the evidence available in the case and presented by the methods stipulated by this Code. The court may not, on its own initiative, gather additional evidence in order to eliminate incompleteness of pre-trial investigation.
      2. The bodies of criminal prosecution shall identify the factual evidence upon which the circumstances relevant to the case are established.
      3. The court, considered a criminal case, maintaining objectivity and impartiality, shall create the necessary conditions for prosecution and defense parties to exercise their right to a comprehensive and complete investigation of the case.
      4. The Court is not bound by the views of the parties on the necessity and sufficiency of investigation of the evidence, existing in the case and presented in the hearing by the parties, except as provided for by Article 380 of this Code.
      5. The circumstances of the case, criminating or excusatory a suspected, accused, defendant, as well as any circumstances, mitigating or aggravating their liability and punishment shall be subject to identification. The body, conducting the criminal proceedings shall inspect all allegations of innocence or lesser degree of guilt, as well as on the existing of the evidence justifying the suspected, accused, defendant or mitigating their liability, as well as the use of illegal methods of investigation in collecting and securing evidence.

Article 25. Evaluation of evidence on inner conviction

      1. The judge, procurator, investigator, interrogating officer shall evaluate evidence on their inner conviction, based on the totality of the evidence considered, guided by the law and conscience.
      Juror shall evaluate the evidence according to his (her) inner conviction, based on the totality of the evidence considered, guided by conscience.
      2. No evidence has a predetermined force.

Article 26. Provision for the suspected, accused the
right to defense

      1. The suspected, accused shall have the right to defense. They may exercise this right, both personally and with the assistance of the defense counsel and legal representative in the manner prescribed by this Code.
      2. The body, conducting the criminal proceedings shall explain to the suspected, accused their rights and provide them the opportunity to defense themselves from suspicion, accusations by all means not prohibited by law, as well as take measures to protect their personal and property rights.
      3. In cases, stipulated by this Code, the body conducting the criminal proceedings shall ensure the participation in the case of the defense counsel of the suspected or accused.
      4. Participation in the criminal proceedings of the defense counsel and legal representative of the suspected, accused shall not detract from the rights belonging to the latter.
      5. The suspected, accused should not be forced to testify, to present any materials to the bodies of criminal prosecution, to render them whatever assistance.
      6. The suspected, accused retains all the guarantees of their rights to defense as in the criminal proceedings against a person, accused of participatory criminal offence.

Article 27. Ensuring the right to professional legal advice

      1. Everyone has the right to receive in the course of criminal proceedings of the professional legal advice in the manner prescribed by this Code.
      2. In cases stipulated by law, legal advice shall be provided free of charge.

Article 28. Exemption from the obligation to give evidence
as a witness

      1. No one shall be obliged to testify against himself or herself, a spouse (wife) and his (her) close relatives, the range of which is defined by this Code.
      2. The clergymen shall not be obliged to testify against those, who confided in them in confession.
      3. In the cases, provided for by the first and second part of this article, these persons shall have the right to refuse to testify and cannot be subjected to any liability for it.

Article 29. Publicity

      1. The trial of criminal cases in all courts and judicial instances shall be public. Limiting the publicity of the trial shall be permitted only when it is contrary to the interests of the protection of state secrets and other secrets protected by law. Closed trial shall be permitted on a reasoned judgment of the court on criminal offences of minors, in cases of sexual offences and other cases in order to prevent the disclosure of information about the private lives of persons involved, as well as in cases where it is necessary for the safety of the victim, witness or other persons involved in case, as well as their family members or close relatives. Complaints against the actions (inaction) and decisions of the body, conducting criminal prosecution shall also be considered in a closed court session by the investigating judge.
      2. Trial of cases in a closed session shall be subject to all the rules, established by this Code.
      3. The court’s sentence and decisions, taken in the case, in all cases shall be announced publicly. In the cases, considered in a closed court session, only the introductory and the operative part of the sentence shall be publicly proclaimed.

Article 30. Language of criminal proceedings

      1. Criminal proceedings in the Republic of Kazakhstan shall be carried out in the Kazakh language, along with the Kazakh, Russian language is officially used in proceedings, and when necessary, other languages are also used.
      2. The body, conducting the criminal proceedings, if necessary, to conduct the case in Russian or other languages shall?issue a reasoned decision on changing the language of the proceedings.
      3. The persons, involved in the case who do not know or have insufficient command of the language in which the proceedings are conducted, shall be explained and ensured the right to make statements, give explanations and testimony, present petitions, file complaints, get acquainted with the case, appear in court in their native language or another language which they know, use free of charges the services of an interpreter in the manner prescribed by this Code.
      4. The persons, involved in the criminal proceedings shall be provided free translation into the language of the criminal proceedings of the necessary materials of the case, written in a different language. The persons, involved in the criminal proceedings shall be provided free translation into the language of proceedings of that part of pleadings, which is in another language.
      5. The bodies, conducting criminal proceedings, shall give participants in the process the documents that in accordance with this Code must be presented to them in the language of the proceedings. In this case, for those who do not speak the language of the criminal proceedings, a certified copy of the document, written in the selected by them language of the proceedings shall be attached.

Article 31. Freedom of the appeal of procedural
actions and decisions

      1. The actions and decisions of the court and the body for criminal prosecution can be appealed in the manner prescribed by this Code.
      2. Every convicted or acquitted person shall have the right to reconsideration of the sentence by a higher court in the manner prescribed by this Code.
      3. It is not allowed to use the complaint to the detriment of the complainant, or for whose benefit it was filed.

Chapter 3. Criminal prosecution

Article 32. Cases of private, private-public and public
persecution and accusation

      1. Depending on the nature and gravity of the criminal offence the criminal prosecution and accusation in court shall be carried out in private, private-public and public order.
      2. The cases of criminal offences, provided for in Articles 108, 109, 110 (first part), 114 (first and second parts), 123, 130, 131, 147 (first and second parts), 149 (first part), 150 (first part), 198 (first part), 199 (first part), 321 (first part ) of the Criminal Code of the Republic of Kazakhstan, as well as in Article 152 of the Criminal Code of the Republic of Kazakhstan, except as provided for in part three of this article shall be considered as the cases of private prosecution. Proceedings in these cases began only upon complaint of the complainant and shall be subject to the termination for his (her) reconciliation with the accused, defendant.
      3. The cases of criminal offences, provided for in Articles 115, 120 (first part), 121 (first part), 126 (first part), 138, 139, 145, 148 (first part), 153 (first part), 154, 155 (first part), 157 (first part), 158 (first part), 159, 187, 189 (first and second parts), 190 (first part), 195 (first part), 198 (second part), 199 (second part), 201 (first part), 202 (first part), 204, 205 (first part), 206 (first part), 207 ( first part), 208 (first part), 209 (first part), 211 (first part), 219 (first part), 223 (first and second parts), 248 (first part), 250, 251 (first part), 319 (first and second parts), 321 (second part), 345 (first part), 389 (first part) of the Criminal Code of the Republic of Kazakhstan, as well as in Article 152 (first part), if it is related to the failure of a court decision on reinstatement, shall be considered as the cases of private-public prosecution. Proceedings in these cases began only upon complaint of the complainant and shall be subject to the termination for his (her) reconciliation with the suspected, accused, defendant only in the cases provided for in Article 68 of the Criminal Code of the Republic of Kazakhstan.
      4. Procurator begins or continues the proceedings on the private and private-public accusation in the absence of the complainant’s complaint, if the action affects the interests of person in a helpless or dependent condition or for other reasons is unable to make use of his (her) rights, or in the case of private-public accusation, affecting the interests of society or the state.
      5. After registration of a report on a criminal offence in the Unified Register of pre-trial investigations and conducting urgent investigative actions, the proceedings of private and private-public accusation and prosecution in the absence of the complainant’s complaint no later than three days from the date of registration shall be terminated on the grounds, specified in paragraph 5) of the first paragraph of Article 35 of this Code.
      6. The cases of criminal offences, except for those specified in the second and third parts of this article, shall be considered as public prosecution cases. Criminal prosecution of these cases shall be carried out independently of the complaint to the complainants.

Article 33. Criminal prosecution on the application of
commercial or other organization

      1. If the action, specified in Chapter 9 of the Criminal Code of the Republic of Kazakhstan, only harms the interests of commercial or other organization that is not a state-owned enterprise, and does not harm the interests of other organizations, as well as the interests of citizens, society and the state, the criminal prosecution is carried out by the application of the head, founder (participant) of the organization or the authorized body or with their consent.
      2. The head, founder (participant) of the organization or the authorized body may withdraw the application on bringing the person to criminal liability at any stage of the criminal process. The withdrawal of the application shall result in termination of proceedings on the grounds, specified in paragraph 5) of the first paragraph of Article 35 of this Code.

Article 34. General conditions of criminal prosecution

      1. In order to perform the tasks of criminal proceedings the body for criminal prosecution shall, within its competence, in each case of detection of the signs of a criminal offence, take all legal measures to establish the circumstances of the criminal offence, the exposure of persons guilty of committing a criminal offence, their punishment, as well as take measures to the rehabilitation of the innocent.
      2. The criminal prosecution body shall provide the complainant’s access to justice and take measures to compensate for damage, caused by a criminal offence.
      3. The criminal prosecution body performs its authority in criminal proceedings independently of any bodies and officials, and in strict accordance with the requirements of this Code.
      4. Impact in any form on the criminal prosecution body to impede objective investigation of the criminal case entails the liability under the law.
      5. Requirements of the criminal prosecution body brought under the law are binding on all state bodies, organizations, officials and citizens and shall be performed in the specified period of time, but no later than three days. If necessary to take a decision to arrest, detention of the suspected, the requirement of the criminal prosecution body must be exercised within twenty-four hours. Failure to comply with these requirements without good reason entails the liability under the law.

Article 35. Circumstances excluding the proceedings

      1. A criminal case shall be terminated:
      1) for lack of a criminal offence;
      2) in the absence of components of a criminal offence;
      3) due to an act of amnesty, if it eliminates the use of punishment for the actions committed;
      4) expiration of the statute of limitation for criminal liability;
      5) absence of the complainant’s complaint - in cases of criminal offences, provided for in the second and third part of Article 32 of this Code, except in cases, specified in part four of Article 32 of this Code, as well as in the failure of the private prosecutor from accusation - in cases of criminal offences, provided for by second part of Article 32 of this Code, except in cases specified in part four of Article 32 of this Code, or cancellation of the application on bringing of a person to the criminal liability by the head of a commercial or other organization or the authorized body;
      6) if enacted a law, abolishing criminal liability for the offence committed, or in the case when the Constitutional Council of the Republic of Kazakhstan recognizes the law or other regulatory legal act to be applied in the criminal case and which determines the characterization of an action as a criminal offence, as unconstitutional;
      7) if a person has the entered into force sentence on the same charge or other not cancelled court decision, which established the impossibility of criminal prosecution;
      8) If a person has the not cancelled decision of the criminal prosecution body on termination of the criminal prosecution on the same suspicion;
      9) if the person that committed the action, prohibited by criminal law in a state of insanity, except in cases where the proceedings necessary for the application to him (her) of compulsory medical measures;
      10) in connection with the refusal to give consent by the authorized body or official to bringing to justice of the person that has the privilege or immunity from prosecution;
      11) in respect of the deceased, with the exception of cases where the proceedings necessary for the rehabilitation of the deceased or investigation against others, as well as to define property, obtained by illegal means, money and other valuables, subject to confiscation and providing compensation for damage;
      12) in respect of the person to be released from criminal liability under the provisions of the Criminal Code of the Republic of Kazakhstan.
      2. The proceedings shall be terminated on the grounds, specified in paragraphs 1) and 2) of the first part of this Article, as in the absence of proof of a criminal offence or components of a criminal offence, and in absence of proof of their presence, if there is no any other possibilities to gather additional evidence.
      3. The proceedings shall be terminated on the grounds, specified in paragraph 2) of the first part of this Article, and in cases, when causing harm by the suspected, accused or defendant is lawful or when the offence is committed by the suspected, accused or defendant under circumstances which, in accordance with the Criminal Code Republic of Kazakhstan exclude his (her) confession as a criminal offence and criminal liability.
      4. Termination of criminal case on the grounds, specified in paragraphs 3), 4) and 11) of the first part of this Article shall not be permitted if the person to whom the applicant points directly as a person who committed a criminal offence (a witness, who is entitled to protection), and the suspected, the accused, and the defendant or his (her) legal representatives argue against this. In this case, the investigation is ongoing and completed when there is a reason to the judgment of conviction with the release of a person from punishment or criminal liability.
      For the decision to terminate a criminal case on the grounds, specified in paragraphs 3), 4), 9), 10) and 11) of the first part of this Article, the consent of the complainant or his (her) representative is not required.
      Termination of criminal case entails the simultaneous termination of the criminal prosecution.
      5. The decision to terminate a criminal case against a person, who does not attain at the time of commission of the action at the age at which under the law is possible the imposition of criminal liability, shall be subject to adoption on the grounds referred to in paragraph 2) of the first part of this Article. On the same basis the decision to terminate a criminal case against a minor, who at the time of committing the action, though reached the age at which under the law the criminal liability is possible, but as a result of mental retardation, not associated with mental illness, could not fully aware of the actual nature and social danger of his (her) actions (inaction) and direct them, shall be subject to adoption.
      6. The criminal prosecution body, finding the circumstances precluding criminal prosecution, shall make at any stage of the pre-trial proceedings the order for the termination of the criminal case.
      The procurator may also, prior to consideration of the case in the main proceedings, withdraw it from the court and terminate on the grounds, provided in this Article. After the withdrawal of the case by the procurator from the court for termination, the holding on it a new pre-trial proceedings and re-direction to the court shall not be allowed.
      7. The public prosecutor, finding in the court the circumstances precluding criminal prosecution, shall declare to waive prosecution. Statement by the public prosecutor to waive prosecution shall not preclude the continuation of the criminal proceedings, if the private prosecutor continues to support the accusation.
      8. The Court, found the circumstances precluding criminal prosecution shall decide on the termination of the criminal case.
      9. The criminal prosecution bodies and the courts in the termination of a criminal case shall, in the presence of actions of a person the signs of an administrative or disciplinary (corruption) offence, within ten days, send to the authorized bodies (officials) the materials to address the issue of bringing to administrative or disciplinary liability.
      Footnote. Article 35, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 36. Circumstances, excluding criminal prosecution

      1. The criminal prosecution body, the court in the presence of the relevant circumstances within its competence shall have the right to terminate the prosecution with the release of a person from criminal liability in cases, specified in the first part of Article 65, Articles 66, 67, the second, third parts of Article 68, the first, third parts of Article 83, as well as with the notes of Articles 441, 442, 444 - 448, 453 of the Criminal Code of the Republic of Kazakhstan. The court in such cases may also make a judgment of conviction with the exemption from criminal liability.
      2. The public prosecutor, the court, finding the circumstances that allow not to prosecute shall have the right to declare the withdrawal of prosecution of the accused. The withdrawal of prosecution, declared by the public prosecutor does not preclude a private prosecutor to continue the prosecution of the accused with using materials of the criminal case.
      3. Prior to the termination of criminal case, the suspected, the accused should be explained the basis for termination of a case, its legal implications and the right to object to its termination on this ground.
      4. The complainant and (or) his (her) representative shall be notified on the termination of criminal case, and they have the right to appeal against the decision to the procurator or the court in the manner prescribed by this Code.
      5. Termination of criminal case on the grounds, specified in the first part of this article, shall not be permitted, if the suspected, accused or the complainant is against this. In this case, the proceedings shall be continued in the usual manner.
      6. If prior the removal of the court to the consultation room a bail made for the deposit of the court ??under article 69 of the Criminal Code of the Republic of Kazakhstan, the court may make a judgment of conviction with the release of a person from criminal liability with the establishment of the guarantee.
      If the court takes another final decision in the case, the bail shall be immediately returned to the person, who made the bail. Upon return of the bail, the amount spent on ensuring its preservation is not charged from the bailor. The procedure for acceptance, storage, return and handling of the bail in favour of the state shall be determined by the Government of the Republic of Kazakhstan.
      Release of a person from criminal liability with the establishment of a guarantee shall not be allowed, if the accused or the complainant objects to this.
      Footnote. Article 36, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Chapter 4. Rehabilitation. Compensation for damage,
caused by illegal actions of the body,
conducting criminal proceedings

Article 37. Rehabilitation of a person, attracted as
a suspected, accused, defendant

      1. A person, acquitted by the court, as well as the suspected, accused, defendant, against whom the decision of the court, the criminal prosecution body on the termination of the case is made on the grounds, provided for in paragraphs 1), 2), 5), 6), 7) and 8) of the first part of Article 35 of this Code, shall be subject to rehabilitation, that is, the restoration of rights and they cannot be subject to any restrictions in the rights and freedoms, guaranteed by the Constitution of the Republic of Kazakhstan.
      2. The Court, criminal prosecution body shall take all legal measures for the rehabilitation of the person, referred to in the first part of this article, and to the compensation for damage, caused to him (her) by illegal actions of the body, conducting the criminal proceedings.

Article 38. Persons, entitled to compensation for damage
caused by the illegal actions of the body,
conducting criminal proceedings

      1. The damage, caused to a person as a result of illegal arrest, detention, house arrest, suspension from office, placement in a special medical organization, conviction, application of compulsory medical measures shall be compensated from the budget in full, regardless of the guilt of the body, conducting criminal proceedings.
      2. The right to compensation for damage, caused by illegal actions of the body conducting criminal proceedings shall have:
      1) the persons, referred to in the first part of Article 37 of this Code;
      2) the persons, the criminal case in respect of which was subject to termination on the grounds, provided for in paragraph 5) of the first part of Article 35 of this Code, if despite the absence of the circumstances, specified in part four of Article 32 of this Code, pre-trial investigation is not terminated since the discovery of the circumstances, precluding criminal prosecution;
      3) the persons, the criminal case in respect of which had to be terminated on the grounds, specified in paragraphs 3) and 4) of the first part of Article 35 of this Code, but was not terminated since the discovery of the circumstances, precluding criminal prosecution, and the criminal prosecution is illegally continued despite the consent of such persons on the termination of the criminal case;
      4) the person, convicted to arrest, imprisonment, arrested or detained in custody in case of changes in the qualification of the offence in the article of the Criminal Code of the Republic of Kazakhstan, provided liability for less serious criminal offence, at suspicion or accusation of committing of which this Code is not provided the arrest or detention, or appointment under this article a new, more lenient punishment or expulsion from the sentence the part of accusation and the reduction in connection with it the punishment, as well as in case of cancellation of unlawful judicial decision on the application of compulsory medical measures or compulsory educational measures. The actually served term of arrest or imprisonment is considered as illegally served to the extent to which exceeds the maximum punishment of arrest or imprisonment under article of the Criminal Code of the Republic of Kazakhstan, according to which the committed offence is newly qualified;
      5) the person, detained in custody beyond the statutory period without a legal basis, as well as illegally subjected to any other measures of procedural coercion during criminal proceedings.
      3. In case of death of a citizen the right to compensation of damage in accordance with established procedure shall be transferred to his (her) heirs, and in part of receiving pensions and benefits, payment of which is suspended - for those family members who belong to the group of persons, provided by allowance of survivor.
      4. The damage shall not be compensated to the person, if it is proved that he (she) during the pre-trial investigation and trial by voluntary self-incrimination prevents the truth and thereby contributed to the offensive consequences, referred to in the first part of this article.
      5. The rules of this article in the absence of circumstances, referred to in paragraph 3) of the second part shall not apply to cases, where the applied in respect of a person coercive procedural measures or judgment of conviction canceled or changed due to the publication of acts of amnesty or pardon, statute of limitations, adoption of the laws, eliminating the criminal liability or mitigating a punishment.
      6. Other circumstances shall not be grounds for compensation of damage.

Article 39. The right to compensation of damage and time
limit for bringing claims

      1. Making a decision on a full or partial rehabilitation of the person, the body, conducting criminal proceedings shall recognize his (her) right to compensation of damages. A copy of the judgment of acquittal or the decision to terminate the pre-trial investigation, on cancellation or changing of any other illegal decisions shall be given or sent by mail to the person concerned. At the same time, a notification explaining the order for compensation of damages shall be sent to him (her). In the absence of information about the place of residence of the heirs, relatives or dependents of the deceased person, entitled to compensation of damages, a notification shall be sent to them no later than five days from the date of their letters in the body, conducting criminal proceedings.
      2. The persons, referred to in the second and third parts of Article 38 of this Code, shall be entitled to full compensation for property damage, reparation of moral damage and reinstatement of labour, pension, housing and other rights. The persons, deprived by a court of honour, military, special or another title, class rank, diplomatic rank, qualification class, as well as state awards shall be restored the title, class rank, diplomatic rank, qualification class, and returned the state awards.
      3. Claims for compensation of damage, caused by illegal actions of the body, conducting criminal proceedings in the manner prescribed by this Chapter may be filed within six months from the date of receipt of the notification, explaining the procedure for restoration of rights. When missing this deadline for a good reason it may be reinstated by the court at the request of the interested persons.

Article 40. Compensation of property damage

      1. Property damage, caused to the persons, referred to in the second part of Article 38 of this Code, includes the compensation of:
      1) wages, pensions, allowances, and other means of income, which they lost;
      2) property illegally confiscated or turned into the income of the state on the basis of a sentence or other court decision;
      3) fines, collected pursuant to an illegal sentence; court costs and other amounts, paid by a person in connection with the illegal actions;
      4) the amounts, paid by the person for the provision of legal assistance;
      5) other expenses, incurred as a result of criminal prosecution.
      2. The amounts, expended for the maintenance of persons referred to in the second part of article 38 of this Code, in detention in custody, places of arrest or imprisonment, the court costs, related to the criminal prosecution of these persons, as well as earnings for the execution of them during detention in custody, places of arrest or imprisonment of any works, cannot be deducted from the amounts payable in respect of the damage, caused by illegal actions of the body, conducting the criminal process.
      3. Upon receipt of copies of the documents, specified in the first part of Article 39 of this Code, with the notification of the damages, the persons, referred to in the second and third parts of Article 38 of this Code, shall be entitled to make a claim for compensation of property damage to the court, made the sentence, passed the decision to terminate criminal proceedings, or in court at the residence of the person or the court at the location of the body, that made the decision to terminate the pre-trial investigation or on cancellation or change of other illegal decisions. If the criminal case is terminated or the sentence is changed by a higher court, a claim for damages shall be sent to the court that passed the sentence. A legal representative of a minor shall have the right to make a claim for damages on behalf of the minor.
      4. Not later than one month from the date of receipt of the application, the judge determines the amount of damage, requesting, where appropriate, the calculation of the financial bodies and the bodies of social security, and then shall make a decision about making payments in compensation of the damage, adjusted for inflation. If the case is terminated by the court in its consideration on appeal, cassation instance or the order of supervision, these steps shall be made by the sole judge of the court that considered the case in the first instance without trial.
      The decision must include: the base for compensation of property damage, its calculation and the amount in terms of money; the property, subject to return to the rehabilitated; the body, obliged to make a payment or return the property; deadline for submission of the decision for making payments; the procedure and terms of appealing against the decision.
      The court decision may be appealed to a higher court in the manner, prescribed by this Code.
      5. The entered into force court decision, on making payments for compensation for property damage shall be executed in accordance with the decision of the Government of the Republic of Kazakhstan.
      6. Is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
      7. The claim for compensation of damage, caused to legal entities by illegal actions of the bodies, engaged in criminal proceedings shall be considered in the manner provided in this Article, and the damage in the prescribed amount shall be reimbursed by the state.
      Footnote. Article 40, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 41. Elimination of consequences of the moral damage

      1. The body, conducting the criminal proceedings, adopted ??the decision on the rehabilitation of the person, shall bring him (her) a formal apology for the damage.
      2. Action for compensation in monetary terms for moral damages shall be imposed in civil proceedings.
      3. If a person is subjected to unlawful criminal prosecution, and the information on the criminal prosecution, arrest, detention in custody, suspension from office, forced placement in a medical organization, conviction and the other actions, taken against him (her), subsequently recognized as illegal, is published in the press, broadcasted on radio, television or other media, then at the request of that person, and in case of his (her) death - at the request of his (her) relatives or the body, conducting the criminal proceedings, decided to restore his (her) rights, the corresponding mass media shall, within one months, make the message about this.
      4. At the request of the persons, referred to in the second and third parts of Article 38 of this Code, the body, conducting the criminal proceedings shall within fourteen days send a written message on the cancellation of illegal decisions at their place of work, study, residence.

Article 42. Restoration of rights in court actions

      If the six-month time limit for filing a claim for damages in the manner prescribed by this chapter is missed, the person may apply to the court in civil proceedings.

Chapter 5. Conducting criminal proceedings

Article 43. The compound of criminal cases

      1. The criminal cases against several persons that committed one or more criminal offences of complicity, the cases against the person that committed several criminal offences, as well as the cases against the person that suspected, accused for the obviously not promised concealment of these same crimes or failure to report them may be joined to one proceedings.
      2. The compound of criminal cases is also allowed in cases where the suspected is not defined, but there are sufficient grounds to believe that several criminal offences are committed by one person or group of persons.
      3. The compound of criminal cases shall be made on the basis of decision of the body, conducting the criminal proceedings. A copy of the decision, made by the criminal prosecution body shall within twenty-four hours be sent to the procurator and the defense team.
      4. The following shall not be joined in one proceedings:
      1) the same suspicions, accusations against various persons;
      2) suspicions, accusations against persons, which is attributed to the commission of criminal offences in relation to each other, except when considering the case of private prosecution;
      3) cases, for one of which the criminal prosecution is carried out in private, and the other - in public order;
      4) all other suspicions, accusations, the joint consideration of which may interfere with the objective consideration of the case.
      5. The period of the proceedings on the case, where several cases are joined, shall be calculated from the date of commencement of the first on time criminal case. If for one of the joined cases a detention or house arrest is applied as a preventive measure, the investigation period shall run from the date of commencement of the pre-trial investigation of the case on which to the following measures are applied.
      6. The persons shall own the rights of participants in the criminal process only for those joined cases, which concern them.

Article 44. Separation of a criminal case

      1. The Court, criminal prosecution body may extract from the criminal case in a separate proceeding the other criminal case against:
      1) the individual suspected or accused persons, when the reasons for the closed judicial proceedings, relating to the protection of state secrets, refer to them, but do not apply to the other suspected, accused;
      2) the juvenile suspected or accused, subjected to the criminal liability with adults;
      3) some unidentified persons, subjected to the criminal liability, as well as in other cases provided for in Article 45 of this Code;
      4) the suspected, the accused, with whom the procurator concluded a procedural agreement.
      2. In the event of an investigation of the multivolume criminal case, in which the deadline for pre-trial investigation or detention is expiring, the investigator, the interrogating officer, the body of inquiry, recognizing that part of the investigation into suspicions held comprehensively, fully and objectively, has the right to allocate a part of the case in a separate proceeding for direction it to the court, if it will not interfere with the investigation and adjudication in the remaining part.
      3. If on the criminal case the information about the actions, contained the signs of criminal offences, unrelated to the case under investigation is received, all the materials for them shall be immediately separated to start a new pre-trial investigation in the manner prescribed by this Code.
      4. Separation of criminal cases shall be allowed, if it does not affect the comprehensiveness, completeness and objectivity of the investigation of the facts and the resolution of the case.
      5. Separation of a case is carried out on the basis of the decision of the body, conducting criminal proceedings. A copy of the decision, taken by the criminal prosecution body, shall be sent to the procurator within twenty-four hours. The decision shall be accompanied by a list of materials, allocated in the original or copies.
      6. The period of proceedings in the selected case shall be calculated from the date of the registration of the application, reports of a criminal offence in the Unified Register of pre-trial investigations for a new criminal offence. In other cases, the period shall be calculated from the beginning of the pre-trial investigation in the main proceedings.

Article 45. Suspension of judicial proceedings in case and
interruption of periods for pre-trial investigation

      1. Criminal proceedings shall be suspended by court order if:
      1) the accused fled from the court or his (her) place of residence is not established for other reasons;
      2) the temporary mental disorder or another serious illness of the defendant, certified in the manner prescribed by law;
      3) staying of the defendant outside of the Republic of Kazakhstan;
      4) force majeure, temporarily preventing further proceedings in the criminal case;
      5) performing procedural actions, associated with obtaining legal assistance in the manner, provided for in Chapter 59 of this Code;
      6) consideration by the procurator of the defendant’s application in the court on obtaining the evidence, by using illegal acts or abusive treatment, and to appeal his (her) decision, if it is not possible to continue the main proceedings.
      2. The court shall suspend the whole or the relevant part of the proceedings, in the case of appeal to the Constitutional Council of the Republic of Kazakhstan with the proposal to declare as unconstitutional the law and other regulatory legal act to be applied in the criminal case, that infringes on the rights and freedoms of man and citizen, enshrined in the Constitution of the Republic of Kazakhstan.
      The court at the request of the parties shall suspend all or relevant part of the proceedings, if the Constitutional Council of the Republic of Kazakhstan on the initiative of another court decides to produce a proposal to declare the law or other regulatory legal act to be applied in the criminal case as unconstitutional.
      3. The criminal proceedings in court shall be suspended in full or in relevant part by court order as if the private prosecutor in the case of private prosecution cannot be prosecuted in court because of his (her) severe illness, stay on a business trip outside the Republic of Kazakhstan or the performance of civic duty.
      4. The criminal proceedings shall be suspended until the elimination of the circumstances, caused its suspension, and in this, the period for consideration of the case in court is terminated. After their elimination, it shall be renewed by court order.
      5. The participants of the proceedings shall be reported on the suspension or resumption of the proceedings.
      6. A suspended case shall be terminated upon expiration of the limitation period, established by the criminal law, if there is no information in the case on the interruption of the period of limitations.
      7. The pre-trial investigation periods shall be interrupted in the following cases:
      1) failure to identify the person, committed a criminal offence;
      2) staying of the suspected, the accused person outside of the Republic of Kazakhstan;
      3) when the suspected, the accused person fled from the criminal prosecution bodies or their place of residence is not established for other reasons;
      4) temporary mental disorder or another serious illness of the suspected, accused, certified in the manner prescribed by law;
      5) performance of the procedural actions, related to obtaining the legal assistance in the manner provided for in Chapter 59 of this Code;
      6) failure to detect the untraceable missing person;
      7) lack of real opportunities for participation of the suspected, the accused in the case, in connection with deciding on waiver of immunity from criminal prosecution or their issuance (extradition) by a foreign state.
      8. When interrupting the pre-trial investigation periods, the person performing the pre-trial investigation shall in writing notify the participants in the proceedings. A copy of the decision on interrupting of the investigation period shall be sent to the procurator within twenty-four hours.
      9. The interrupted pre-trial investigation periods shall be renewed after elimination of the circumstance, giving rise to their interruption, and about what the procurator is notified in writing.
      Note. Under force majeure, preventing further proceedings in the criminal case should be understood the emergencies of natural and manmade.

Article 46. Termination of the criminal proceedings

      The criminal proceedings shall be terminated since:
      1) the entry into force of the decision on the full termination of criminal proceedings;
      2) the entry into force of the sentence or other final decision in the case, if it does not require special measures for its implementation;
      3) confirmation of the execution of the sentence or other final decision on the case, if it requires special measures for its implementation.

Article 47. Confidentiality

      1. In the course of criminal proceedings the measures under this Code and other laws for the protection of the obtained information, constituting the state secrets and other secrets protected by law shall be taken.
      2. The persons to whom the body, conducting the criminal proceedings are requested to inform or provide information constituting the state secrets or other secrets protected by law, cannot refuse to perform the specified requirements with reference to the need to preserve the state secrets or other secrets protected by law. The body, conducting the criminal proceedings to obtain from the specified person the messages or information, shall make a notice in the protocol of the procedural action and familiarize with it under the signature the person on the need to obtain from him (her) the said information solely for the criminal proceedings and the maintaining confidentiality in the manner provided by law in respect of the information obtained.
      3. The procedure for admission of participants in the proceedings to information, constituting the state secrets shall be determined by the legislation.
      4. If the materials of the criminal case, considered by the court with the participation of jurors, contain information constituting the state secrets, the authorized state body performing logistical and other support to the court, upon the written order of the presiding officer shall prepare the admission of jurors to the state secrets in accordance with the legislation of the Republic of Kazakhstan.
      5. Evidence, containing information constituting the state secrets, shall be investigated in a closed court session.
      6. Evidence, containing information constituting other secrets protected by law, as well as revealing the intimate aspects of private life, at the request of persons at risk of disclosure of the above information may be investigated in a closed court session.
      7. Damage, caused to a person as a result of violations of privacy, disclosure of personal or family secrets shall be compensated in accordance with the procedure prescribed by law.
      8. The order for keeping confidentiality of the data of the pre-trial investigation shall be defined in Article 201 of this Code.
      9. The copies of procedural documents of the case, containing information constituting the state secrets or other secrets protected by law, subject to delivery to the participants in criminal proceedings, after getting acquainted with them shall be kept at the case and handed to participants in criminal proceedings at the time of court session.
      10. The Court, referring in the sentence or decision to the case materials, containing the state secrets and other secrets protected by law, shall not disclose their contents.

Chapter 6. Procedural periods

Article 48. Calculation of time periods

      1. The time periods, set forth in this Code shall be calculated in hours, days, months, years.
      2. The hour and day which is a beginning of the running of the time period shall not be taken into account in calculating the time periods. This rule does not apply to the calculation of time periods for arrest, detention, house arrest and being in a medical institution or organization of education with a special regime of detention.
      3. Non-working hours are also included in the calculation of time periods.
      4. The period, calculated for days, expires in twenty-four hours of the last day of the time period. The period, calculated in months expires in the appropriate month and day of the last month of the time period. If the end of the period is a month in which there is no corresponding date, the time period shall expire on the last day of that month. The period, calculated in years shall expire on the corresponding month and day of the last year of the time period. If the end of the period is a month in which there is no corresponding date, the time period shall expire on the last day of that month. In cases where the last day of the period falls on a non-working day, the day of the deadline shall be next working day, except in cases of calculation of time periods during the arrest, detention, house arrest and being in a medical institution or organization of education with a special regime of detention.
      5. When arrest of a person on suspicion of committing a criminal offence the time period is calculated from the time (hours to the nearest minute) of the actual application of the measure. When calculating the periods of detention, house arrest, as well as being in a medical institution or educational organization with a special regime of detention, the first day of the period shall be included in the time period.

Article 49. Compliance and extension of time period

      1. The time period shall not be considered as missed, if the complaint, petition or other document is delivered before the expiry of period to the post, transferred or declared to the person authorized to receive them, and for persons, detained in custody or placed in a medical organization, - if the complaint or other document is delivered before the expiry of period to the administration of the detention or medical organization. Time of delivery of the complaint or other document to the post shall be determined by the postmark, and the time of delivery to the person, authorized to receive them, or the administration of the detention or medical organization – by the mark of the office or of the officials of these organizations.
      2. Compliance with the deadline by officials is confirmed by the appropriate indication in the procedural documents. Obtaining the documents, to be handed to the persons, involved in criminal proceedings, shall be confirmed by the receipt attached to the case.
      3. Procedural periods may be extended only in cases, and in the manner prescribed by this Code.

Article 50. The consequences of missing the deadline and the
procedure for its recovery

      1. Procedural actions, performed by participants in the proceedings after the deadline shall be void.
      2. At the request of the person concerned, deadline missed for a valid reason, can be restored by the decision of the interrogating officer, investigator, procurator or judge in the production of which the case is. The period shall be restored to the person missed it, but not for others, unless otherwise provided by the relevant decision of the body, conducting the criminal proceedings.
      3. At the request of the person concerned, execution of the decision appealed from by missing the deadline may be suspended until resolution of the issue for restoration of the missing period.
      4. Denial for recovery of the period may be appealed, protested in accordance with this Code.

Section 2. State bodies and persons involved in
criminal proceedings

Chapter 7. The Court

Article 51. The Court

      1. The Court, as a judicial body, shall administer justice in criminal cases.
      2. Any criminal case can only be considered by legitimate, independent, competent and impartial composition of court that ensured by compliance with the rules of this Code:
      1) determining the jurisdiction of specific cases;
      2) formation of the court composition to consider specific criminal cases;
      3) disqualification of judges;
      4) separating the functions of adjudication from the functions of prosecution and defense.
      3. Criminal justice in the Republic of Kazakhstan shall be performed by:
      the Supreme Court of the Republic of Kazakhstan;
      regional and equated courts, military courts;
      district and equated courts;
      specialized inter-district criminal courts, specialized inter-district military criminal courts, specialized inter-district juvenile courts, military courts of garrisons.

Article 52. Composition of the court

      1. Consideration of criminal cases in courts of first instance is carried out by a single judge, and in cases of crimes for which criminal law provides for the death penalty or life imprisonment, at the request of the defendant by one judge and ten jurors, except in cases of military crimes, committed in wartime or combat situation, and crimes under Articles 99 (paragraph 15) of the second part), 170 (part four), 175, 177, 178, 184, 255 (part four), 263 (part five), 286 (part four), 297 (part four), 298 (part four), 299 (part four) of the Criminal Code of the Republic of Kazakhstan.
      2. Consideration of criminal cases on appeal is carried out by a single judge, and when dealing with complaints, appeals against sentences, court decisions in cases of very serious crimes, as well as those considered by jurors - jointly, consisting of a Chairman and at least two judges of the board.
      In the absence of the Chairman of Appeals Board in connection with a business trip, vacation or sickness during a peer review of these cases, the judge of the Board, on which the Chairman of the Court entrusted the duties of the chairman of the appeal board, shall preside.
      3. Consideration of cases on cassation instance is carried out jointly composed of at least three judges, chaired by the Chairman of the regional or equivalent court.
      If the Chairman of the regional or equivalent court is on a business trip, vacation or sick leave during the proceedings in cassation instance, the judge of the cassation board, on which, the Chairman of the court entrusted the execution of this duty, shall preside.
      Upon satisfaction of the disqualification, declared to the Chairman of the regional court, on his (her) behalf, the court session shall be chaired by one of the judges of the cassation board.
      4. Consideration of cases in the Supreme Court of the Republic of Kazakhstan is carried out jointly, composed of at least three judges.
      Consideration of cases upon presentation of the Chairman of the Supreme Court of the Republic of Kazakhstan and (or) under the protest of the Procurator General of the Republic of Kazakhstan is carried out jointly, composed of the Chairman of the supervisory judicial board and not less than six judges.
      In the absence of the Chairman of the board, the judge, on which, the Chairman of the Supreme Court of the Republic of Kazakhstan entrusted the execution of duties of the chairman of the board, shall preside.
      5. The composition of the court in consideration of cases upon discovery of new facts is determined in accordance with the rules, provided in Article 504 of this Code.
      6. Consideration of issues, arising from the execution of the sentence and the consideration of cases on the application of compulsory medical measures to the insane, is carried out by the sole judge of the respective court.
      7. In cases where in one board the number of judges in relation to the circumstances that prevent them from participating in the consideration of case, is not enough to provide a peer review of the case, respectively the Chairmen of the Supreme Court of the Republic of Kazakhstan, the regional and equivalent court shall have the right to involve the judges of other board in the consideration of case.
      Footnote. Article 52, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 53. Powers of the Court

      1. The powers of the court as a judicial body shall be determined by law.
      2. Only the court is authorized to:
      1) recognize a person as guilty for committing a criminal offence and sentenced him (her);
      2) apply to the person compulsory medical measures or compulsory educational measures;
      3) cancel or change the decision, taken by the lower court;
      4) review judicial acts due to newly discovered evidence;
      5) legalize the chosen by the investigator, interrogating officer, the body of inquiry, the procurator a preventive measure against the suspected, the accused in the form of detention, house arrest, extradition arrest and extend their terms;
      6) legalize against the suspected, the accused the measures of procedural coercion in the form of temporary suspension from office and restraining order;
      7) forcibly place a person, not detained in a custody in the medical organization for the production of forensic psychiatric and (or) forensic medical examination;
      8) legalize the exhumation of the corpse, the announcement of the international search, seizure of property.
      3. In the cases and in the manner prescribed by this Code, the court shall:
      1) consider complaints against decisions and actions (inaction) of the criminal prosecution body, the procurator;
      2) at the request of the procurator, defense counsel deposit testimony of the witness and the complainant;
      3) impose monetary and administrative sanctions;
      4) consider issues, related to the execution of the sentence;
      5) consider the procurator’s request for confiscation prior to the sentencing of the property, obtained by illegal means.
      4. If during the judicial proceedings the circumstances that contributed to the commission of a criminal offence, violation of the rights and freedoms of citizens, as well as other violations of the law, committed during the pre-trial investigation are identified, the court shall issue a private ruling, which calls the attention of the relevant organizations or the persons, in these circumstances and facts of violation of the law, requiring the adoption of the appropriate measures. The court may issue a private ruling, and in other cases, if it considers it necessary.
      5. The private ruling to the lower court (judge) shall not be made. Violations of the law, committed by the lower court, resulting in the cancellation or change of the sentence, decision, shall be stated in a judicial act of the higher court. When establishing the facts of the acts, forming the composition of the other criminal offences, or the offences, entailing administrative or disciplinary liability, the court shall issue to the relevant procurator a private ruling for adoption of the measures, provided for by law.
      6. In the cases provided by law, the judge under pending cases shall have the right to request the cases of operational records and materials of covert investigative actions of the bodies of inquiry, relating to the case, and to get acquainted with them, except for the non-disclosed information about the organization of operational- search activities and covert investigative actions, specific operational-search activities and covert investigative actions, sources and methods of obtaining information.

Article 54. Judge

      1. A judge, within his (her) competence considering the case solely, conducting the administrative steps to prepare the hearings or to enforce its sentence or other decision, deciding petitions and complaints, referred to in the third part of Article 53 of this Code, owns the powers of the court.
      2. The judge, hearing the case in the composition of the panel, enjoys the same rights with by the presiding judge and other judges in all matters arising in connection with this case. In case of disagreement with the conclusion of the other judges on the issues involved, the judge may in writing express a dissenting conclusion, which is sealed in an envelope and attached to the criminal case. Opening the envelopes and familiarization with the dissenting conclusion of judge shall be allowed only by a higher court in the consideration of the case.
      3. The investigative judge is a judge of the court of first instance, the powers of which include the implementation in the manner prescribed by this Code, the judicial control over the observance of the rights, freedoms and legitimate interests of persons in criminal proceedings. The investigating judge (judges) shall be appointed from among the judges by the Chairman of the court. If necessary to replace the investigating judge, he (she) may be reappointed.

Article 55. Powers of the investigating judge

      1. During the pre-trial proceedings, the investigating judge in the cases, stipulated by this Code considers the issues of:
      1) sanctioning of detention in custody;
      2) sanctioning of house arrest;
      3) sanctioning of the suspension from office;
      4) sanctioning of restraining order;
      5) sanctioning of the extradition arrest;
      6) extension of detention in custody, house arrest, extradition arrest;
      7) using of bail;
      8) sanctioning the seizure of property;
      9) forced placement of a person, not detained in custody in the medical organization for the production of forensic psychiatric and (or) forensic medical examinations;
      10) in determining whether the mental illness, the transfer of a person in respect of whom previously applied detention in custody, in a special medical organization, providing psychiatric care, and adapted to the placement of patients in strict isolation;
      11) the exhumation of the corpse;
      12) announcement of the international search of the suspected or accused person.
      2. In the cases, provided for in this Code, the investigating judge shall:
      1) examine the complaints against the actions (inaction) and decisions of the interrogating officer, the body of inquiry, the investigator and the procurator;
      2) consider the issue for the implementation of material evidence, that is perishable or the long-term storage of which until resolution of the criminal case on the merits shall be expensive;
      3) deposit during the pre-trial proceedings testimony of complainant and witness;
      4) impose a monetary penalty on persons that do not perform or improperly perform procedural obligations in the pre-trial proceedings, except for lawyers and procurators;
      5) consider the issue for the recovery of procedural costs in a criminal case by presentation of the procurator;
      6) under the reasoned request of a lawyer, involved as a defense counsel, consider the issue for reclamation and admission to the criminal case any information, documents, objects relevant to the criminal case, except for information constituting the state secrets, and in cases of refusal to execute the request or failure to decision thereon within three days;
      7) under the reasoned request of a lawyer, involved as a defense counsel, consider the issue for the appointment of examination, if the criminal prosecution body wrongfully refuses to satisfy such a request or there is no a decision on it within three days;
      8) at the request of a lawyer, involved as a defense counsel, consider the issue for the compulsory drive to the body, conducting the criminal proceedings of the previously interviewed witness, securing the appearance of which to testify is difficult;
      9) perform other obligations, prescribed by this Code.
      3. The decision of the investigating judge can be appealed, protested in the manner provided in Article 107 of this Code.

Article 56. General conditions for the exercise of powers
by the investigating judge

      1. The investigating judge shall exercise his (her) powers in accordance with the rules of this article and special features, provided by the relevant articles of this Code.
      2. The investigating judge considers matters, within his (her) competence, alone without a court session.
      If it is necessary to explore the circumstances, relevant for a legitimate and reasoned decision, the investigating judge shall decide to hold a court session with the participation of the persons concerned and the procurator.
      In considering the matters, referred to in paragraphs 1), 2), 5), 6), 7) and 8) of the first part, paragraphs 2) and 3) of the second part of Article 55 of this Code, the court session is mandatory. In the case, when the court session is mandatory, the defense party and the procurator shall be notified in advance about the time and place of the court session.
      By order of the investigating judge, a court session may be held in the form of videoconferencing. The protocol shall be kept during the court session.
      3. The investigating judge shall be entitled to:
      1) demand from the body, conducting the pre-trial proceedings the additional information on the subject;
      2) get acquainted with all materials of the respective pre-trial proceedings and investigate them;
      3) call the participants in the proceedings to the court session and obtain from them the necessary information in a criminal case.
      4. The investigating judge should not prejudge the issues which, in accordance with this Code, may be subject to judicial review in the resolution of the case on merits, give instructions about the direction of the investigation and the conduct of investigative actions, take actions and make decisions instead of the persons, conducting pre-trial proceedings, and supervising procurator, as well as the court, hearing the case on the merits.
      5. Under the statement of the suspected on the use of torture and other illegal activities against him (her) or the presence of the traces of violence on his (her) body, the investigating judge shall instruct the supervising procurator to carry out an immediate check of these facts.
      6. In cases of unlawful restrictions or other violations of human rights and freedoms, lawful interests of organizations, the investigating judge shall issue a private ruling to address the issue of liability of the persons that violated the law.
      Footnote. Article 56, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 57. Presiding judge

      1. When considering a criminal case in the composition of a court panel, the chairman of the court, chairman of the board or the judge, authorized to preside in the manner, prescribed by law shall preside.
      The judge, hearing the case alone is considered as the presiding judge.
      2. The chairman shall control the proceedings of the court, take all measures to ensure a fair consideration of the criminal case and compliance with other requirements of this Code, as well as the proper behaviour of all persons, presenting at the court session.
      3. Orders of the presiding judge in a court session are mandatory for all participants in the process and other persons, presenting in the courtroom.

Chapter 8. State bodies and officials, performing
the functions of criminal prosecution

Article 58. Procurator

      1. The Procurator is an official, exercising within his (her) competence, supervision over the legality of operational and search activities, inquiry, investigation and court decisions, the criminal prosecution at all stages of the criminal process, as well as the powers in accordance with Article 83 of the Constitution of the Republic of Kazakhstan and this Code: Procurator General of the Republic of Kazakhstan, First Deputy, Deputies of the Procurator General of the Republic of Kazakhstan, their senior assistants and assistants, and the Chief Military and Chief transport Procurators of the Republic of Kazakhstan, procurators of Astana and Almaty cities, regions and their deputies, heads of departments, offices and divisions, their deputies, senior assistants and assistants, senior procurators and procurators of offices and divisions, procurators of districts, cities and equivalent procurators, their deputies, senior procurators and procurators, acting within the powers established by this Code. The procurator, participating in the consideration of the criminal case by the court, represents the interests of the state by maintaining the accusation and he (she) is a public prosecutor.
      2. The procurator shall have the right to present the suspected, accused, defendant or the person that is liable for their actions, a claim in defense of the interests of:
      1) the complainant, that is unable to exercise the right to present and defend the claim independently, by virtue of his (her) helpless condition, dependence on the suspected, accused, defendant or otherwise;
      2) state.
      3. The Procurator has the right by its decision to take the case to proceedings and personally conduct investigations, taking advantage of the powers of the investigator. Supervision over the legality of pre-trial investigation is carried out by the authorized procurator.
      4. The powers of the procurator in the pre-trial investigation and consideration of the case by the court shall be governed by Articles 186 (second and third parts), 187 (part eight), 190 (part seven), 192, 193, 196 (second part), 234 (first part), 290, 301-305, 321 (part six), 337, 414 (second part), 428 (part six), 429 (part seven), 454 (part five), 478 (part five), 480 (part six), 484, 486, 494 (part five), 502 (first part), 513 ( third part), 518 (part five), by Chapters 57, 58, 59, 60, 61, 62, 63, and Articles 628 (first part), 643 (part eight), 668 (part six) of this Code.
      5. The procurator in exercising his (her) procedural powers is independent and subject only to the law.
      6. The Procurator General of the Republic of Kazakhstan, within its competence, adopts regulatory legal acts on the application of the rules of this Code, obligatory for execution of the criminal prosecution bodies.
      Regulatory legal acts of the bodies, exercising pre-trial investigation shall be taken within their competence in coordination with the Procurator General of the Republic of Kazakhstan.

Article 59. Head of the investigation department

      1. The Head of the investigation department is a Head of the investigative unit of the body, conducting pre-trial investigation, and his (her) deputies, acting within their competence.
      2. The Head of the investigation department is authorized to:
      1) entrust the investigation or accelerated pre-trial investigation to the investigator;
      2) supervise the timely execution of the investigative actions by the investigator in his (her) processing cases, and the compliance of the investigator with the periods of investigation and detention in custody, the execution of instructions of the procurator, orders of other investigators;
      3) entrust the conducting of the investigation to several investigators;
      4) remove the investigator from the proceedings;
      5) examine the criminal cases and give instructions thereon;
      6) within its competence, withdraw a criminal case from one investigative unit of the subordinated body, conducting the preliminary investigation, and transfer to another investigative unit of this or other subordinate body, conducting preliminary investigations;
      7) send the criminal case with the indictment to the procurator;
      8) apply to the procurator for the annulment of the unjustified procedural decision of the investigator;
      9) within its competence, give binding order and instructions to the bodies of inquiry.
      3. The Head of the investigation department has the right by its decision to take the case to its production and personally conduct investigations, taking advantage of the powers of the investigator.
      4. Instructions of the head of the investigation department in the case may not restrict the independence of the investigator, his (her) rights, set out in Article 60 of this Code. Instruction shall be binding, but may be appealed to the superior head of the investigative department or procurator. Appeal of the investigator against the actions of the head of the investigation department shall not suspend their execution, except for the instructions on the qualifications of the acts of the suspected and the amount of suspicion, sending the case with the indictment to the procurator or the termination of the criminal case.

Article 60. Investigator

      1. The investigator is an official, authorized to carry out pre-trial investigation in a criminal case within its competence: the investigator of the internal affairs bodies, investigator of the national security agencies, investigator of the anti-corruption agency and investigator of the economic investigation agency, as well as the procurator in the cases provided for in this Code.
      2. The investigator has the right by its decision to take the case to its proceedings, to carry out a preliminary investigation on it and perform all the investigative actions provided for by this Code.
      3. The investigator shall take all measures for comprehensive, full and objective investigation of the circumstances of the case, prosecute persons in respect of whom gathered sufficient evidence, indicating to the commission of a criminal offence by him (her), by qualification of the acts of the suspected, choose to him (her) in accordance with this Code, preventive measures, drawing up an indictment, outlining the circumstances of the criminal offence and with description of the evidence collected.
      In cases stipulated by this Code, the investigator shall notify the procurator on the establishment of the circumstances that allow to conclude a procedural agreement.
      4. In order to ensure the execution of the sentence in the civil claim, other property claims or possible confiscation of property, the investigator shall take measures to identify the property of the suspected or the persons legally financially responsible for his (her) actions.
      5. In carrying out the investigation in criminal cases, the investigator shall also take measures to identify the property, obtained by criminal means or purchased with funds, obtained by criminal means, and transferred to the ownership of others.
      6. The investigator may, at any time, by its decision take up the case and proceed with its investigation, without waiting for the execution of the urgent investigative actions by the bodies of inquiry.
      7. All decisions in the production of pre-trial investigation, the investigator shall take him(her)self, except in cases, where the law provides for obtaining sanctions of the procurator, court or court decision, and shall be solely liable for their legal and timely execution. Illegal interference in the work of the investigator entails criminal liability.
      The decision on the criminal case, made by the investigator within his (her) powers, as well as the orders and instructions during the pre-trial investigation in a criminal case must be executed by all the organizations, officials and citizens.
      8. In case of disagreement of the investigator with the instructions of the procurator under the investigation case, he (she) has the right to appeal them to the higher-ranking procurator.
      9. The investigator on the cases under his (her) investigation has the right to examine the materials of cases of operational records and undercover investigative actions of the bodies of inquiry, relating to the case under investigation, to demand them to be attached in accordance with this Code to the present case, give the bodies of inquiry the binding orders and instructions on production of search, investigative and undercover investigative actions and to require them to assist in the conduct of investigative actions.
      Footnote. Article 60, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 61. The body of inquiry

      1. The bodies of inquiry, depending on the nature of the criminal offence shall be liable for:
      1) taking in accordance with the competence, established by law the required criminal procedural and search actions in order to detect signs of criminal offences and the persons who committed them, the prevention and suppression of criminal offences;
      2) execution of criminal procedural and search activities in the manner provided in Article 196 of this Code, on the cases, in which a preliminary investigation is conducted;
      3) inquiry in the cases on which a preliminary investigation is not necessary, in the manner provided in Article 191 of this Code;
      4) execution of an accelerated pre-trial investigation, established by Article 190 of this Code;
      5) execution of pre-trial investigation in the form of protocol on criminal infractions;
      6) conducting a preliminary investigation in the cases, provided for in paragraphs three and five of Article 189 of this Code.
      2. The bodies of inquiry are:
      1) bodies of internal affairs;
      2) national security agencies;
      3) anti-corruption agency;
      3-1) economic investigation agency;
      4) is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015);
      5) bodies of the military police - in all cases, involving criminal offences committed by military personnel, undergoing military service on call-up or under the contract in the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, by citizens in reserve, during the passage of military duties, the civilian personnel of military units, formations, institutions in connection with the performance of their duties or in the location of these units, formations and institutions;
      The bodies of the military police of the National Security Committee – also in all cases, involving criminal offences, committed by servicemen and members of special state agencies;
      6) bodies of Board service - on the cases of violation of the legislation on the State Border of the Republic of Kazakhstan, as well as the criminal offences, committed on the continental shelf of the Republic of Kazakhstan;
      7) commanders of military units, formations, heads of military institutions and garrisons, in the absence of the body of the military police - in all cases, involving criminal offences, committed by their subordinated military personnel, undergoing military service on call-up or under the contract in the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, as well as by citizens in the reserve, during the passage of military duties, on the cases of criminal offences, committed by civilian personnel of military units, formations, institutions in connection with the performance of their official duties or in the location of these units, formations and institutions;
      8) heads of diplomatic missions, consular offices and authorized representatives of the Republic of Kazakhstan - on the cases of criminal offences, committed by their employees in the host country;
      9) State Security Service of the Republic of Kazakhstan – on the cases of criminal offences, committed in the area of security measures, and directly aimed against the protected persons, the list of which is set by law;
      10) is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
      3. The rights and obligations of the body of inquiry on pre-trial proceedings and execution of urgent investigative actions in all cases, involving criminal offences also rests on the captains of ships that are on a long voyage, the heads of exploration parties, other state organizations and their subdivisions, distant from the bodies of inquiry, listed in the second part of this article, - in the absence of transport links.
      Footnote. Article 61, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 62. Head of the body of inquiry

      1. The Head of the Main Office (department), office, division of the body of inquiry and their deputies within their competence shall possess the powers of the Head of the body of inquiry in the pre-trial investigation in cases of criminal offences, provided for in Article 191 of this Code.
      2. The Head of the body of inquiry shall organize the necessary operational- search, criminal procedural, including undercover investigative actions, in order to detect signs of criminal offences and the persons who committed them, the prevention and suppression of criminal offences. In accordance with the procedure established by this Code, he (she) presents the results of operational-search activities, undercover investigative actions to the bodies of pre-trial investigation.
      3. Regarding the criminal offences, under investigation of the bodies of preliminary investigation, the Head of the body of inquiry shall:
      1) ensure the execution of urgent investigative actions;
      2) organize the execution of the orders of the procurator, head of the investigation department, investigator, including on the certain investigative and other actions, and application of protective measures for victims, witnesses and other persons, involved in criminal proceedings;
      3) organize the execution of orders of the court.
      4. Regarding the criminal offences, the pre-trial investigation on which is carried out by the bodies of inquiry, the head of the body of inquiry shall control the timing and legitimacy of the actions of interrogating officers and have the right to:
      1) check the cases under their proceeding;
      2) give instructions on certain investigative and other procedural action, qualification of the actions of the suspected, transfer of the case, materials from one interrogating officer to another;
      3) entrust the inquiry to several interrogating officers;
      4) start pre-trial investigation and personally conduct inquiry, taking this case to own production, or performing separate procedural actions.
      5. The Head of the body of inquiry shall approve a decision on initiation of the request for seizure of property, the announcement of the international search, the direction of the suspected, the accused not detained in custody in a medical organization for the production of stationary forensic medical or forensic psychiatric examination, choosing in respect of the suspected, the accused detention in custody as a preventive measure, extension of detention in custody; change or cancellation of a preventive measure in the form of detention in custody; search warrant; removal of the suspected, the accused from office; restraining order; escorting of the suspected, the accused; the announcement of search of the suspected, the accused; and approve the indictment, the protocol on the criminal infraction; approve the protocols on the detention of persons, suspected of the criminal offences; send criminal cases with the agreed indictment or protocol of a criminal offence to the procurator; provide measures to address the circumstances that contributed to the commission of criminal offences.
      In cases stipulated by this Code, he (she) shall notify the procurator on the establishment of the circumstances that allow to conclude a procedural agreement.
      6. Instructions of the Head of the body of inquiry in the case may not restrict the independence of the interrogating officer, his (her) rights set out in Article 63 of this Code. Instructions shall be given in writing and shall be binding, but may be appealed to the procurator. Appealing by the interrogating officer the actions (inaction) of the Head of the body of inquiry to the procurator shall not suspend their execution, except as provided for in part six of Article 63 of this Code.

Article 63. Interrogating officer

      1. Interrogating officer is an official, authorized to carry out pre-trial investigation of the case within his (her) competence.
      2. Interrogating officer has the right by his (her) decision, approved by the head of the body of inquiry, to take the case to its production and carry out pre-trial investigation in the forms, specified by this Code, independently decide on the conduct of investigative or other procedural actions, except in cases where the law provides for the approval or agreement of them by the head of the body of inquiry or provides for the sanctions of the procurator, court, investigating judge or a court decision.
      3. In the pre-trial investigation on cases in which a preliminary investigation is not necessary, the interrogating officer shall follow the rules provided in this Code for preliminary investigation, with the exceptions provided for in Articles 190, 191 of this Code.
      4. In cases, in which a preliminary investigation is conducted, the interrogating officer is authorized on behalf of the head of the body of inquiry to carry out the urgent investigative actions, about which he (she) not later than twenty-four hours shall notify the procurator and a preliminary investigation body.
      5. The investigator is obliged to fulfill the orders of the court, the procurator, the preliminary investigation body and the body of inquiry on certain investigative actions, adoption of measures to ensure the safety of the persons, involved in criminal proceedings. In order to enforce the sentence in the civil claim, other property claims or possible confiscation of property, the interrogating officer shall take measures to establish the property of the suspected or the persons, legally financially liable for their actions.
      6. Instructions of the Head of the body of inquiry shall be binding for the interrogating officer. Instructions of the Head of the body of inquiry in criminal cases may be appealed to the procurator. Appeal against the instructions shall not suspend their execution, except for the instructions on the qualifications of the acts of the suspected and the amount of suspicion, sending the case with the indictment to the procurator or the termination of the criminal case.

Chapter 9. Participants in the process, protecting their
rights or represented rights and interests

Article 64. Suspected

      1. The suspected is a person:
      1) in respect of whom the decision about recognition as a suspected is made;
      2) arrested in accordance with Article 131 of this Code;
      3) in respect of whom the decision about the qualification of acts of the suspected is made;
      4) questioned in connection with suspicion of committing a criminal offence.
      2. The criminal prosecution body at the time of arrest immediately, prior to the production of any investigative actions, involving the suspected is obliged to explain to the suspected his (her) rights under this Code, as is noted in the protocols of arrest, interrogation protocol of the suspected and decisions on the recognition of a person as suspected and on qualifications of the acts of the suspected.
      3. In the case of arrest of a suspected, he (she) must be questioned no later than twenty-four hours from the moment of the arrest protocol, while ensuring the right to private and confidential meeting before the first interrogation with his (her) chosen or appointed defense counsel. The arrested suspected has the right to immediately report by telephone or other means at his (her) place of residence or work about his (her) detention and place of detention.
      If there is a reason to believe that the report on the arrest may prevent a pre-trial investigation, the official of the criminal prosecution body, carrying out arrest, can produce a notice of adult family members, close relatives of the detainee him(her)self. Such notification must be made without delay.
      A note about the fact of such notification is made in the protocol of arrest, which specifies the time and manner of reports about the arrest.
      4. In case of failure of a suspected to appear in the body of criminal prosecution, he (she) shall be questioned on the existing suspicions immediately after his (her) bringing, but in other cases - not later than the end of the pre-trial investigation in compliance with the right on a private meeting with a defense counsel.
      5. The suspected shall be questioned about the existing suspicions against him (her), as well as on other circumstances known to him (her) and relevant in the case, and the evidence.
      6. If the suspected does not exercise his (her) right to refuse to testify before the first interrogation, he (she) shall be warned that his (her) testimony can be used as evidence in criminal proceedings, including his (her) subsequent refusal from this evidence.
      7. If the suspicion is unreasonable, the pre-trial investigation body shall immediately take steps to cancel the coercive procedural measures, applied against him (her) in the manner, prescribed by this Code.
      8. A person ceases to be in the position of the suspected from the time of becoming a defendant or termination of the pre-trial investigation in respect of him (her).
      9. The suspected shall have the right to:
      1) obtain from the person, carried out the detention, the explanation of his (her) rights;
      2) know what he (she) is suspected;
      3) independently or through his (her) relatives or proxies invite a defense counsel. If a defense counsel is not invited by the suspected, his (her) relatives or proxies, the criminal prosecution body shall ensure his (her) participation in the manner, specified in the third paragraph of Article 67 of this Code;
      4) exercise the rights of a civil defendant in the case, if he (she) is recognized as a such in connection with the presentation of a civil claim in the case;
      5) have a private and confidential meeting with the chosen or appointed defense counsel, including prior to the interrogation;
      6) give testimony only in the presence of the defense counsel, except in cases of refusal from him (her);
      7) receive copies of the decisions on the recognition as a suspected, civil defendant, on the qualification of the action, the protocol of arrest, the petitions and the decisions on choosing and extension of a preventive measure, the decision to terminate the criminal case;
      8) refuse to testify;
      9) receive from the person, carrying out a pre-trial investigation, an explanation of the procedure and conditions for the application of a preventive measure in the form of bail and other measures, not related to detention in custody;
      10) present evidence;
      11) make applications, including on the adoption of security measures, and disqualifications;
      12) give evidence in his (her) native language or the language he (she) speaks;
      13) have the free assistance of an interpreter;
      14) participate with the permission of the criminal prosecution body in the investigative actions, carried out at his (her) request or the request of the defense counsel or the legal representative;
      15) reconcile with the complainant in the cases provided for by law, including by way of mediation;
      16) at any stage of the investigation, make a request to the procurator or express a consent to conclude a procedural agreement, setting out his (her) proposals on the type and extent of punishment, and conclude a procedural agreement;
      17) get acquainted with the protocols of the investigative actions, carried out with his (her) participation, and give comments on the protocols;
      18) make complaints against the actions (inaction) and the decisions of the investigator, the interrogating officer, the procurator and court;
      19) protect his (her) rights and legal interests in other ways, not contrary to the law;
      20) in the appointment and performance of the expertise, as well as giving him (her) an expert conclusion, carry out actions, provided for in Articles 274, 286 of this Code;
      21) in the manner prescribed by this Code, examine at the end of the investigation the case materials and write out any information, as well as make copies using the scientific and technical means, except for the information constituting state secrets or other secrets protected by law;
      22) object to the termination of criminal prosecution;
      23) be immediately notified by the body, conducting the criminal proceedings, on the adoption of procedural decisions, affecting his or her rights and legitimate interests, except for matters, relating to the undercover investigative actions, as well as get copies of them;
      24) apply for additional interrogation of the witness, indicating him (her), calling and interrogation as witnesses of the persons, specified by him (her) to line-up.
      10. The presence of the suspected of a defense counsel or a legal representative cannot serve as the basis for the elimination or limitation of any rights of the suspected.

Article 65. Accused

      1. The accused is a person in respect of whom:
      1) the procurator approves the indictment;
      2) the procurator approves the protocol on the criminal infraction and decides to forward the criminal case to the court on the relevant article (s) of the criminal law;
      3) the pre-trial investigation is completed by signing a procedural agreement in the manner, specified in the fourth part of Article 617 of this Code.
      2. The accused, in respect of whom, the court proceedings are appointed, and in cases of private prosecution - in respect of whom the complaint is accepted by the court to its production, shall be recognized as the defendant.
      3. The defendant, in respect of whom a judgment of conviction is made, shall be recognized as the convicted.
      4. The defendant, in respect of whom a judgment of acquittal is made, shall be recognized as the acquitted person.
      5. The accused shall be entitled to exercise rights under the ninth part of Article 64 of this Code, as well as:
      1) to know, why he (she) is accused;
      2) to obtain a copy of the indictment, approved by the procurator and the protocol on the criminal infraction;
      3) to protect his (her) rights and legitimate interests by means and methods, not contrary to the law, and to have adequate time and facilities to prepare a defense;
      4) to exercise the rights of a civil defendant in the case, of recognition of him (her) as a such in connection with the presentation of a civil claim in the case;
      5) at any stage of the investigation to make a request or express a consent to conclude a procedural agreement and conclude a procedural agreement, obtain a copy of the procedural agreement;
      6) in cases stipulated by this Code to make a request for consideration of a criminal case in the court by jurors.
      6. The defendant shall have the right to:
      1) participate in the judicial proceedings in the court of first instance and appellate courts;
      2) exercise all the rights of the defense, as well as the right to the last word;
      3) at any stage of the judicial proceedings, make a request or express a consent of the signing a procedural agreement on cooperation and conclude a procedural agreement;
      4) refuse on the signed procedural agreement prior to the removal of the court to the deliberation room for decision-making;
      5 ) require a public trial;
      6) be against the termination of the case.
      7. The convicted person or acquitted person shall have the right to:
      1) get acquainted with the protocol of the court session and comment on it;
      2) appeal against the sentence, the court decision, the judge’s decision and receive copies of the disputed decisions;
      3) know about the brought in the case complaints and protests, and file objections to them;
      4) participate in the court’s consideration of the complaints and protests;
      5) make a request or express a consent of the signing a procedural agreement on cooperation and conclude a procedural agreement.
      8. The presence of the accused of a defense counsel or a legal representative cannot serve as the basis for the elimination or limitation of any rights of the accused.

Article 66. Defense counsel

      1. Defense counsel is a person, engaged in accordance with the law to protect the rights and interests of the witness, entitled to the protection, the suspected, accused, defendant, convicted, acquitted, and providing them legal assistance in criminal proceedings.
      2. Lawyer shall be involved as a defense counsel. In the participation of a lawyer in criminal proceedings as a defense counsel along with him (her) on the written request of a witness, entitled to the protection, the suspected, accused, defendant, convicted, acquitted, their defense may exercise one of the following persons: the spouse (wife) or a close relative, a guardian, a care-giver or a representative of the organization, in the care or dependence of which is a client. Foreign lawyers are allowed to participate in the case as defense counsels, if it is stipulated by an international treaty of the Republic of Kazakhstan with the relevant state on a reciprocal basis, in accordance with the legislation.
      3. The defense counsel shall have the right to participate in criminal process from the receipt by a person of the status of the witness, entitled to the protection, the suspected, the accused, as well as at any subsequent time of the criminal process.
      4. One and the same person cannot be a defense counsel of the two witnesses, who are entitled to the protection, the suspected, accused, defendant, if the interests of one of them contrary to the interests of another.
      5. Lawyer shall not be entitled to refuse from the assumed protection of a witness, entitled to the protection, the suspected or accused, the defendant, the convicted and acquitted persons.

Article 67. Mandatory participation of a defense counsel

      1. Participation of a defense counsel in criminal proceedings is mandatory in the following cases:
      1) if so requested by the suspected, accused, defendant, convicted or acquitted;
      2) the suspected, accused, defendant, convicted or acquitted does not reach the age of majority;
      3) the suspected, accused, defendant, convicted or acquitted due to physical or mental disability cannot independently exercise their right to defense;
      4) the suspected, accused, defendant, convicted or acquitted does not speak the language of the court proceedings;
      5) if a person is suspected, accused of committing a crime, for which a prison sentence of more than ten years, life imprisonment or the death penalty may be assigned to as the punishment;
      6) if detention in custody is applied to the suspected, accused, defendant, convicted as a preventive measure, or they are forcibly directed to stationary forensic psychiatric examination;
      7) if there are contradictions between the interests of the suspected, accused, defendant, convicted, acquitted, one of which has the defense counsel;
      8) a representative of the complainant (private prosecutor) or a civil claimant is involved in criminal proceedings;
      9) a procurator, supporting the public prosecution (public prosecutor) is involved in court proceedings;
      10) the suspected, accused, defendant, convicted or acquitted are outside the Republic of Kazakhstan and refuses to appear in the bodies of criminal prosecution or court;
      11) if a petition on procedural agreement and its conclusion is filed.
      2. In the cases, provided for in paragraphs 1) - 6), 10) of first part of this Article, the participation of a defense counsel is provided from the date of recognition of the person as suspected, accused, defendant, convicted, acquitted, by paragraph 7) – from the time of detection of contradictions between the interests of the suspected and accused persons, the defendants, convicted, acquitted persons, by paragraphs 8), 9) - from the time of participation in the case of the representative of the complainant, the procurator, 11) – from the time of the application on conclusion of a procedural agreement by the suspected, accused, defendant, convicted.
      3. If in the circumstances, specified in part one of this article, the defense counsel is not invited by the suspected, accused, defendant, convicted, acquitted, their legal representatives, as well as by others on their behalf, the body, conducting the criminal proceedings shall ensure the participation of a defense counsel for appropriate stage of the process, about what a decision compulsory for professional organization of lawyers shall be made.

Article 68. Invitation, appointment, replacement of a defense
counsel, payment for his (her) labour

      1. Lawyer as a defense counsel is invited by the witness, entitled to protection, the suspected, accused, defendant, convicted, acquitted by their legal representatives, as well as by other persons on behalf of or with the consent of the witness, entitled to protection, the suspected, accused, defendant, convicted, acquitted. The suspected, the witness, entitled to protection, the accused, defendant, convicted, acquitted shall have the right to invite for the protection of several lawyers as defense counsels.
      2. At the request of a witness, entitled to the protection, the suspected, accused, defendant, convicted, acquitted the participation of a defense counsel is provided by the body, conducting the criminal proceedings.
      3. In cases, where the participation of the chosen or appointed defense counsel is impossible for a long (not less than five days) period, the body conducting the criminal proceedings, is entitled to propose the witness, entitled to protection, the suspected, accused, defendant, convicted, acquitted to invite another defense counsel or to take measures to the appointment of a defense counsel through a professional organization of lawyers or its subdivisions. The body, conducting the criminal proceedings shall not be entitled to recommend inviting as a defense counsel of a certain person.
      4. In the case of arrest or detention in custody, if the attendance of a defense counsel, chosen by the suspected, accused, defendant, convicted, acquitted is impossible within twenty-four hours, the body conducting the criminal proceedings, shall offer the suspected, accused, defendant, convicted, acquitted to invite another defense counsel, and in case of failure, to take measures to the appointment of a defense counsel through the professional organization of lawyers or its subdivisions.
      5. Payment for labour of the lawyer shall be in accordance with the legislation of the Republic of Kazakhstan. The body, conducting the criminal proceedings, if there is a reason, is obliged to release the suspected, accused, defendant, convicted, acquitted person in whole or in part from the payment for legal assistance. In this case, the payment for labour shall be made by the state.
      6. The costs for payment of labour of lawyers can be made by the state and in the case, provided for in part three of Article 67 of this Code, when the lawyer participates in the pre-trial investigation or in the court for its intended purpose.
      7. If several defense counsels participate in criminal proceedings, the procedural action in which the participation of a defense counsel is necessary, cannot accept illegal due to not all the defense counsels of the corresponding suspected, accused, defendant, convicted, acquitted does not participate in it.
      8. The lawyer intervenes as a defense counsel upon presentation of a Lawyer ID card and a warrant, proving his (her) powers to protect the person concerned. Another person, in accordance with the provisions of the second part of Article 66 of this Code, shall present a document, confirming his (her) right to participate in criminal proceedings as a defense counsel (marriage certificate, proof of kinship with the suspected, accused, defendant, convicted, acquitted, the decisions of the bodies, exercising functions of guardianship).

Article 69. Refusal of defense counsel

      1. The suspected, accused, defendant shall have the right at any time of the proceedings refuse of the defense counsel. Such refusal is permitted only at the initiative of the suspected, accused, defendant in the presence of the participating in criminal proceedings defense counsel or the defense counsel, appointed in the manner prescribed by the third part of Article 67 of this Code.
      Refusal of the defense counsel on the grounds of lack of funds to pay for legal assistance shall not be received. The refusal shall be in writing or shall be recorded in the protocols of the corresponding investigative or judicial action.
      2. In the cases, provided for in paragraphs 2), 3), 4) and 5) (at suspicion of a person of committing a crime for which the death penalty or life imprisonment may be assigned to as punishment), paragraph 6) (the compulsory direction of the suspected for stationary forensic psychiatric examination) of the first part of Article 67 of this Code, the refusal of the suspected, accused of the defense counsel cannot be accepted by the body, conducting the criminal proceedings.
      3. Refusal of defense counsel shall not deprive the person of the right to apply in the future for admission of the defense counsel to participate in criminal proceedings. Entry of the defense counsel in the process shall not involve the repetition of actions that committed by this time in the course of the investigation or court proceedings.

Article 70. Powers of the defense counsel

      1. The defense counsel shall use all legal means and methods of protection in order to identify the circumstances, refuting the suspicion, accusation or mitigating the liability of the suspected, accused, and provide them with the necessary qualified legal assistance.
      2. The defense counsel shall have the right to:
      1) have with the suspected, accused a private and confidential meeting, without limitation of their number and duration;
      2) in the manner, prescribed by this Code, collect and present items, documents, information, as well as other data, necessary for the provision of legal assistance, which are subject to mandatory inclusion in the materials of the criminal case;
      3) participate in the interrogation of the suspected, accused as well as other investigative and procedural actions, conducted with their participation, or at their request or the request of the defense counsel;
      4) propose a disqualification;
      5) get acquainted with the protocol of arrest, decision on the application of preventive measures and the extension of detention in custody, house arrest, notice of termination of the terms in the case, with the protocols of investigative actions, conducted with the participation of the suspected or the defense counsel, which were presented or should be presented to the suspected, the accused, and at the end of the pre-trial investigation - with all the materials, write out any information in any volume, make copies, using the scientific and technical means, except for information constituting the state secrets, and a list of prosecution witnesses, present at the announcement to the suspected of the decision on the recognition as the suspected, the qualification of actions of the suspected;
      6) present petitions, including on the adoption of security measures;
      7) participate in the preliminary hearing of the case, the judicial proceedings in any court, serve in pleadings, participate in the court session at the reopening of the case on newly discovered evidence, in considering an application for authorization of a preventive measure by the court, in considering an application for an extension of detention in custody or house arrest, when dealing with complaints and petitions of the defense team by the investigating judge, when depositing evidence;
      8) get acquainted with the protocol of the court session, at the same time he (she) is entitled to affix his (her) signatures at the end of the protocol, and when reading the part of the protocol of the court session, by placing a signature at the end of this part, and bring comments on it;
      9) receive copies of procedural documents, to be handed to him (her) and his (her) client;
      10) object to the illegal actions (inaction) of the person, conducting the criminal proceedings, and other persons, involved in criminal proceedings, require the inclusion of these objections to procedural documents;
      11) make complaints on the actions (inaction) and decisions of the interrogating officer, investigator, procurator and the court, and participate in their consideration;
      12) use any other means and methods of protection, not contrary to law;
      13) to be notified in advance by the body, conducting the criminal proceedings, about the time and place of production of the procedural actions with the participation of the client, as well as about all court sessions, related to the consideration of complaint of the defense, petitions on the application of a preventive measure, extension of the period of detention in custody, depositing evidence.
      3. A lawyer, involved in the case as a defense counsel, along with the rights provided for in the second part of this Article may also:
      1) apply to the investigating judge on depositing evidence of the witness and the complainant;
      2) apply to the investigating judge for the discovery of any information, documents, items necessary for the provision of qualified legal assistance and protection of the interests of the suspected, accused, the witness, entitled to protection, except for information constituting the state secrets, in cases of refusal to execute the request or failure to decide on it within three days;
      3) apply to the investigating judge to appoint examination, if the criminal prosecution body unreasonably refused to satisfy such a request or it is not resolved within three days;
      4) interrogate, including with the use of scientific and technical means, the persons who know anything about the circumstances of the case, and apply for admission of the thus-obtained evidence in the case file;
      5) receive on a contractual basis of an expert conclusion, the expert on the case and apply for the admission of such conclusions to the case file;
      6) apply to the investigating judge on reconduction to the body, conducting the criminal proceedings, the previously interviewed by them witness, providing the presence of which to testify is difficult.
      4. Defense counsel, involved in the production of investigative action has the right to ask questions to the interrogated persons after questioning by the person, exercising the pre-trial investigation. The person, exercising the pre-trial investigation may exclude questions of the defense counsel, but he (she) is obliged to record all the questions in the protocol. The defense counsel may make written comments in the protocol of the interrogative action on the correctness and completeness of its entries.
      5. Defense counsel shall not have the right to: take any action against the interests of the client and impede the exercise of his (her) rights; contrary to the position of the client admit his (her) involvement in the criminal offence and the guilt of committing it, declare the client’s reconciliation with the complainant; recognize a civil claim; revoke the client filed complaints and petitions; disclose information that became known to him (her) in connection with an application for legal assistance and its implementation.
      6. Defense counsel has also other rights and bears other obligations, stipulated by this Code.

Article 71. Complainant

      1. Complainant in criminal proceedings is a person in respect of whom there are grounds for believing that he (she) is directly suffered from moral, physical or property damage by criminal offence.
      2. A person shall be recognized as a victim, also in cases when he (she) suffered from damage caused by an act, prohibited by the Criminal Code of the Republic of Kazakhstan and committed by insane person.
      3. A person shall be recognized as a victim in criminal proceedings after the issuance of the corresponding decision. If in the course of criminal proceedings it is identified that there are no grounds for his (her) stay in this position, the body, conducting the criminal proceedings shall terminate by its decision a participation of the person as a victim.
      4. The complainant shall be explained the right to bring a civil claim in criminal proceedings and provided the compensation for property damage, caused by the criminal offence, as well as the costs incurred in connection with his (her) participation in criminal proceedings, including the costs of the representative, according to the rules established by this Code.
      5. The claim of the complainant for compensation of moral damage shall be considered in criminal proceedings. If such claim is not submitted or left without consideration, the complainant shall be entitled to submit it to the civil proceedings.
      6. The complainant shall have the right to:
      1) know about the suspicions and accusations brought against him (her);
      2) give testimony in native language or language he (she) speaks;
      3) submit evidence;
      4) make applications and challenges;
      5) have the free assistance of an interpreter;
      6) have a representative;
      7) receive the property, seized from him (her) by the criminal prosecution body as a means of proving or represented by him (her), as well as his (her) property, confiscated from the person who committed the prohibited by the criminal law act, obtain the original documents, belonging to him (her);
      8) reconcile, including by way of mediation, with the suspected, accused, defendant in the cases, provided by law;
      9) get acquainted with the protocols of investigative actions, performed with his (her) participation, and give comments on them;
      10) participate with the permission of the investigator or the interrogating officer in the investigative actions, carried out at his (her) request or the request of his (her) representative;
      11) get acquainted at the end of the pre-trial investigation with the all case materials, write out any information and in any volume, with the exception of information constituting the state secrets;
      12) make application for security measures to him (her) and his (her) family, non-disclosure of the circumstances of private life, and on the application in respect of the suspected a restraining order;
      13) receive the copies of the decisions on the recognition of him (her) as a complainant, or refuse to do so, on the termination of pre-trial investigation, the indictment, as well as the copies of the sentence and the decisions of the court of first instance, the appeal, cassation and supervisory instances;
      14) participate in the court proceedings in the court of first instance, the appeal, cassation and supervisory instances;
      15) act in pleadings;
      16) support the accusation, including in the case of refusal of the public prosecutor to press charges;
      17) get acquainted with the protocol of the court session, at the same time have the right to affix his (her) signatures at the end of the protocol, and by reference to the part of the protocol of the court session - at the end of this part; in the case of using the audio and video fixation of the court session - at the end of the protocol, and give comments on the protocol;
      18) make complaints against the actions (inaction) of the body, conducting the criminal proceedings;
      19) appeal the sentence and the court decision;
      20) know about the complaints and protests, presented in the case and submit objections to them and participate in their consideration;
      21) protect his (her) rights and legal interests in other ways, not contrary to the law;
      22) know about the intention of the parties to conclude a procedural agreement, its conditions and consequences, offer his (her) conditions for compensation of damages, caused by the crime, or object to its conclusion.
      In the cases, stipulated by Article 76 of this Code, legal assistance shall be provided to the complainant free of charge.
      7. The complainant, as in the case of his (her) death - his (her) successors shall be entitled to receive from the budget of monetary compensation for property damage, caused by a particularly serious crime, if the convicted of such crime does not have property, sufficient for compensation of the damage, caused by that crime. In this case, the issue of payment from the budget of monetary compensation shall be decided by the court, made the sentence, upon the application of the complainant or his (her) successor. The complainant shall have the right, in the specified cases, to compensate the damages in full, if the damage does not exceed one hundred and fifty monthly calculation indices.
      8. The complainant shall: appear on call of the body, conducting the criminal proceedings, truthfully report all known circumstances of the case and answer the questions; not disclose the information about the circumstances known to him (her) on the case; observe the established order in the investigative actions and during the court session.
      9. For non-appearance of the complainant on call without a valid reason, he (she) shall be forced to drive in the manner, prescribed in Article 157 of this Code, and he (she) may be imposed a monetary penalty in the manner provided in Article 160 of this Code.
      10. The complainant shall bear the criminal liability in accordance with the law for his (her) refusal to testify and perjury.
      11. In cases of crimes, the consequences of which was the death of the person, the rights of the complainant, provided for by this Article shall be exercised by close relatives, spouse (wife) of the deceased. If for granting of the rights of the complainant the several persons, who caused moral damage by a criminal offence, are pretended, they all or one of them by agreement between them may be recognized as complainants.
      12. The legal entity to which a criminal offence caused the property damage may be recognized as complainant. In this case, the rights and obligations of the complainant are exercised by a representative of the legal entity.

Article 72. Private prosecutor

      1. Private prosecutor is the person who filed the complaint to the court in the case of private prosecution and supporting the prosecution in court, as well as the complainant in cases of public and private-public prosecution, independently supporting the prosecution in court in the case of refusal of the public procurator to press charges.
      2. In the case of minority or incapacity of the complainant, his (her) legal representative, who made a petition, a request or a complaint, shall be considered as the private prosecutor.
      3. Private prosecutor exercises all the rights and bears all the responsibilities of the complainant, as well as vested the rights, under the third and the fifth parts of Article 411 of this Code.
      4. Private prosecutor exercises his (her) rights and performs obligations personally or if it is consistent with the nature of the rights and obligations through a representative.

Article 73. The civil claimant

      1. Civil claimant is an individual or a legal entity, filing a civil claim for compensation of material or moral damage, caused by a criminal offence or an act of insane.
      2. The civil claimant in order to maintain the filed claim shall have the right to:
      1) know the essence of suspicion, accusation;
      2) submit evidence;
      3) give explanations for the filed claim;
      4) submit materials to be attached to the criminal case;
      5) make petitions and challenges, give testimony and explanations in his (her) native language or language he (she) speaks;
      6) have the free assistance of an interpreter, have a representative;
      7) get acquainted with the protocols of the investigative actions, performed with his (her) participation;
      8) participate with the permission of the procurator, investigator or the interrogating officer in the investigative actions, carried out at his (her) request or the request of his (her) representative;
      9) get acquainted at the end of the investigation with the case materials, relating to the civil claim, and write out any information and in any volume, with the exception of information constituting the state secrets;
      10) know about decisions that affect its interests, and receive copies of procedural decisions, relating to the filed claim;
      11) participate in the consideration of a civil claim in any court;
      12) act in pleadings;
      13) get acquainted with the protocol of the court session and comment on it;
      14) make complaints against the actions (inaction) and decisions of the body, conducting the criminal proceedings;
      15) appeal the sentence and the court order in respect of the civil claim;
      16) know about the brought in the case of complaints and protests in the civil claim and file objections to them;
      17) participate in the court’s consideration of the complaints and protests declared;
      18) in the cases, specified in the first part of Article 173 of this Code, receive compensation for damages from the fund of compensation for damage to complainants;
      19) declare about the acceptance of security measures.
      3. The civil claimant shall bear the responsibilities, stipulated in part eight of Article 71 of this Code.
      4. The civil claimant has also other rights and carries out other obligations, prescribed by law.

Article 74. The civil defendant

      1. Civil defendant is an individual or a legal entity, who is sued in a criminal case.
      2. Civil defendant in order to protect its interests in connection with a claim against him (her) shall have the right to:
      1) know the essence of the suspicion, accusation and the civil claim;
      2) argue against the claim, file a counterclaim;
      3) give explanations and testimony on the merits of the claim;
      4) have a representative;
      5) submit materials to be attached to the criminal case;
      6) make applications and challenges;
      7) get acquainted at the end of the investigation with the materials, related to the civil claim, and write any information and in any volume, with the exception of information constituting the state secrets;
      8) know about decisions that affect its interests, and receive copies of procedural decisions, relating to the claimed civil claim;
      9) participate in the consideration of the civil claim in any court;
      10) serve pleadings, make complaints against the actions (inaction) and decisions of the body, conducting the criminal proceedings;
      11) get acquainted with the protocol of the court session and comment on it;
      12) appeal the sentence and the court order in respect of the civil claim;
      13) know about brought in the case of protests and complaints in respect of the civil claim and file objections to them;
      14) participate in the court’s consideration of complaints and protests declared;
      15) declare about the acceptance of security measures.
      3. The civil defendant shall bear the responsibilities stipulated in part eight of Article 71 of this Code.
      4. The civil defendant has also other rights and carries out other obligations, prescribed by law.

Article 75. The legal representatives of a minor,
suspected, accused, defendant, convicted

      1. In criminal offences, committed by minors or the person, suffering from mental disorders, not excluding capacity, their legal representatives shall be involved to participate in case in the manner prescribed by this Code.
      2. If the pre-trial proceedings or court proceedings in the cases, provided for in this Code, are carried out in the absence of the suspected, the accused, the defendant and convicted their legal representatives may participate in a criminal case.

Article 76. Representatives of the complainant, civil claimant
and the private prosecutor

      1. The representatives of the complainant, civil claimant and private prosecutor may be lawyers and other persons, eligible by law to represent in criminal proceedings the legitimate interests of the complainant, civil claimant and the private prosecutor, and admitted to participate in it by the decision of the body, conducting the criminal proceedings.
      2. To protect the rights and legitimate interests of the complainants, who are minors or who do not speak the language of the proceedings either in physical or mental state deprived of the opportunity to defend their rights and interests, their legal representatives and representatives shall be involved to mandatory participation in the process.
      In such cases, a lawyer chosen by the complainant or his (her) legal representative shall act as a representative of the complainant. If the lawyer is not invited by the complainant or his (her) legal representative, the participation of the lawyer shall be provided by the body, conducting the criminal proceedings by making a decision, binding on the professional organization of lawyers or its structural unit. The body, conducting the criminal proceedings shall not have the right to recommend to invite a particular lawyer as a defense counsel.
      Remuneration of the defense counsel in the absence of the complainant or his (her) legal representative of funds, shall be made at the expense of the budget in the manner, prescribed by this Code.
      3. The legal representatives and representatives of the complainant, civil claimant and the private prosecutor shall have the same procedural rights as they represented individuals and legal entities within the limits, prescribed by this Code.
      4. The representative of the complainant, civil claimant, the private prosecutor shall not perform any act contrary to the interests of the represented participant in the proceedings.
      5. The personal involvement in the proceedings of the complainant, civil claimant and private prosecutor shall not deprive them of their right to have a representative in the case.

Article 77. Representatives of the civil defendant

      1. The representatives of the civil defendant shall be lawyers and other persons, eligible by law to represent in criminal proceedings the legitimate interests of the civil defendant, and admitted to participate in it by the decision of the body, conducting the criminal proceedings.
      2. The representatives of the civil defendant shall have the same procedural rights as they represented individuals or legal entities, in accordance with the Civil Procedure Code.
      3. The representative of the civil defendant shall not perform any act contrary to the interests of the represented participant in the proceedings.
      4. Personal participation of the civil defendant in the proceedings shall not deprive him (her) of the right to have a representative in the case.

Chapter 10. Other persons, involved in the
criminal proceedings

Article 78. Witness

      1. Any person, who may be aware of any circumstances relevant to the case may be called to testify and interrogated as a witness.
      2. The following persons shall not be interrogated as a witness:
      1) judge, jurymen – about the circumstances of the case, that become known to them in connection with participation in the criminal proceedings, as well as in the discussions held in the conference room of the issues arising in the adjudication;
      2) arbitral referee or arbitrator - about the circumstances that become known to them in connection with the performance of the duties of the arbitral referee or arbitrator;
      3) defense counsel of the suspected, accused, defendant, convicted, as well as their legal representatives, the representative of the complainant, civil claimant and civil defendant, as well as the witness’s lawyer - about the circumstances that become known to him (her) in connection with the performance of his (her) duties;
      4) priest – about the circumstances, became known to him (her) from the confession;
      5 ) a person who, because of his (her) young age or mental or physical disability is unable to correctly perceive the circumstances relevant to the case, and give the testimony on them;
      6) mediator – about the circumstances that became known to him (her) in connection with the mediation, except as provided by law;
      7) participant of the national preventive mechanism – about the circumstances that became known to him (her) in connection with his (her) activities, except in cases that pose a threat to national security.
      3. A witness shall have the right to:
      1) refuse to testify, which may result for him(her)self, his spouse (wife) or close relatives prosecution for committing a criminal offence or administrative violation;
      2) give evidence in his (her) native language or language he (she) speaks;
      3) have the free assistance of an interpreter;
      4) challenge the interpreter, participating in his (her) interrogation;
      5) a handwritten record of the testimony in the protocol of the interrogation;
      6) make complaints against the actions (inaction) of the interrogating officer, investigator, procurator and the court, make applications, relating to his (her) rights and legitimate interests, including on the adoption of security measures.
      A witness shall have the right to testify in the presence of his (her) lawyer. Absence of a lawyer at the time set by the person, carrying out the pre-trial investigation, shall not preclude the interrogation of the witness.
      The witness shall be provided the reimbursement of expenses, incurred in the criminal proceedings.
      4. The witness shall:
      1) appear on the call of the interrogating officer, investigator, procurator and the court;
      2) truthfully report everything known in the case and answer the questions;
      3) not disclose the information about the circumstances became known to him (her) in the case, if he (she) is warned about this by the interrogating officer, investigator or the procurator;
      4) observe the established order in the investigative actions and during the court session.
      5. In case, if a person is specified in the application and reporting of criminal offence as the person who committed it, or a witness in criminal proceedings gives testimony against him (her), but this person is not applied procedural arrest or not issued a decision on the recognition of him (her) as suspected, he (she) shall acquire the status of a witness, who is entitled to protection.
      6. A witness, who has the right to a defense, shall be entitled to:
      1) refuse to testify, which may result for him(her)self, his spouse (wife) or close relatives prosecution for committing a criminal offence or administrative violation;
      2) independently or through a third party invite a lawyer;
      3) give testimony in the presence of his (her) chosen lawyer, involved as a defense counsel prior to interrogation;
      4) give evidence in his (her) native language or language he (she) speaks;
      5) have the free assistance of an interpreter;
      6) challenge the interpreter, participating in his (her) interrogation;
      7) a handwritten record of the testimony in the protocol of the interrogation;
      8) get acquainted with the documents, referred to in part five of this article, except for materials of operational-search and covert investigative actions;
      9) get acquainted with the protocols of investigative actions, performed with his (her) participation, and give comments on them, present evidence;
      10) make applications, concerning his (her) rights and legitimate interests, including in the production of expertise and application of security measures;
      11) declare challenges;
      12) be confronted with those, who testify against him (her);
      13) make complaints against the actions (inaction) of the interrogating officer, investigator, procurator.
      A witness, entitled to protection shall: appear on the call of the court, the procurator, the persons, carrying out pre-trial investigation; observe the established order in the investigative actions and during the court session.
      7. A witness, including those, who entitled to protection, cannot be subjected to examination or examined, except as specified in Articles 223 and 271 of this Code.
      8. A witness shall be criminally liable under the Criminal Code of the Republic of Kazakhstan for perjury and refusal to testify. For failure to testify or to appear without a good reason on call of the body, conducting the criminal proceedings, a witness, including those, who entitled to protection, may be imposed a monetary penalty in the manner, prescribed in Article 160 of this Code.

Article 79. Expert

      1. A person, disinterested in case and possessing special scientific knowledge may be involved as an expert. Other requirements for a person, who can be entrusted with the production of the expertise, shall be established by the first part of Article 273 of this Code.
      2. Call the expert, the appointment and production of expertise are carried out in accordance with the procedure, provided for in Chapter 35, as well as Article 373 of this Code.
      3. The expert shall have the right to:
      1) get acquainted with the materials (the case materials), relating to the subject matter of the expertise;
      2) submit request for additional materials necessary to give an conclusion, as well as adoption of security measures;
      3) participate in the investigative actions and the court session with the permission of the body, conducting the criminal proceedings, and ask to the persons involved the questions, related to the subject matter of the expertise;
      4) get acquainted with the protocol of a procedural action, in which he (she) participated, as well as in the corresponding part with the protocol of the court session, and give comments, to be included in the protocol, on the completeness and accuracy of fixation of his (her) actions and testimony;
      5) in consultation with the bodies that appointed the expertise, give, within its competence, a conclusion on the identified in the forensic investigation circumstances relevant to the case, and beyond the scope of the issues, contained in the decision on the appointment of a court examination;
      6) provide a conclusion and give testimony in his (her) native language or language he (she) speaks; have the free assistance of an interpreter; challenge the interpreter;
      7) appeal the decisions and actions of the body, conducting the criminal proceedings, and other persons, involved in the proceedings, infringing his (her) rights in the production of expertise;
      8) receive reimbursement of expenses, incurred in the production of expertise, and remuneration for work performed, if a forensic examination is not included in the scope of his (her) official duties.
      4. The expert may not:
      1) negotiate with participants of the proceedings on the issues, related to the production of expertise, without the knowledge of the body, conducting the criminal proceedings;
      2) independently collect materials for the research;
      3) conduct research that may lead to total or partial destruction of objects, or change their appearance or basic properties, if there was not a special permission of the body that appointed an expertise.
      5. The expert shall:
      1) appear on call of the body conducting the criminal proceedings;
      2) conduct a comprehensive, complete and objective investigation of the objects presented to him (her), give an informed and objective written conclusion on the issues raised;
      3) refuse to give a conclusion and make a reasoned written message about the impossibility to give a conclusion, and send it to the body, conducting the criminal proceedings in the cases provided for in Article 284 of this Code;
      4) give testimony on matters, related to the research and the conclusion;
      5) ensure the safety of the objects, presented to the research;
      6) not disclose information about the circumstances of the case and other information, became known to him (her) in connection with the production of the expertise;
      7) represent to the bodies that appointed the expertise the cost estimates and a report on the costs, incurred in connection with the production of the expertise.
      6. The expert shall be criminally liable, under the law for the knowingly false expert conclusion.
      7. The expert who is an employee of the bodies of forensic examination, is considered by the nature of his (her) activities as informed with his (her) rights and obligations, and warned of the criminal liability for giving the knowingly false conclusion.

Article 80. Specialist

      1. A person, disinterested in the case and possessing special scientific knowledge necessary to assist in the gathering, research and evaluation of evidence by clarifying to the participants in the criminal proceedings the matters within his (her) special competence, as well as the application of scientific and technical means, shall be involved as a specialist. Specialists shall be also a teacher, a psychologist, involved in investigative and other procedural actions with minors, as well as the physician, involved in the investigative and other procedural actions, except in the case of his (her) appointment as an expert.
      2. Officer of the authorized unit of the law enforcement or special state body of the Republic of Kazakhstan may be involved as a specialist to conduct research and give conclusion.
      3. The expert shall have the right to:
      1) get acquainted with materials, relating to the subject of the research;
      2) submit requests for additional materials necessary to give a conclusion;
      3) know the purpose of his (her) call;
      4) refuse to participate in the proceedings, if he (she) does not have relevant knowledge and skills;
      5) with the permission of the body, conducting the criminal proceedings, ask questions to the participants of the investigative or judicial action; draw their attention to the circumstances, connected with his (her) actions when assisting in the gathering, research and evaluation of evidence and the application of scientific and technical means, study the case materials, preparation of materials for the purpose of expertise;
      6) on the appointment of the body, conducting the criminal proceedings, and the court, conduct the research, not resulting in complete or partial destruction of objects, or changing their appearance or basic properties, except for the comparative research, of the case materials, reflecting its progress and results in the protocol or official document, attached to the criminal case in the manner prescribed by the ninth part of Article 199 of this Code. Specialist of the authorized unit of the law enforcement or special state body of the Republic of Kazakhstan with the permission of the body, conducting the criminal proceedings, shall have the right to conduct comparative research, leading to the partial destruction of objects in volume, not excluding the forensic research of these objects, reflecting its progress and results in the conclusion of the specialist, recorded in accordance with the requirements of Article 117 of this Code;
      7) get acquainted with the protocol of any investigation action, in which he (she) participated, as well as in the corresponding part with the protocol of the court session, and give the statements and comments, to be entered in the protocol, on the completeness and correctness of fixing the progress and results of the produced with his (her) participation activities;
      8) make complaints against the actions of the body, conducting the criminal proceedings;
      9) have the free assistance of an interpreter;
      10) challenge the interpreter;
      11) make an application for the adoption of security measures;
      12) receive reimbursement of expenses, incurred by him (her) in connection with participation in the investigative or judicial action, and remuneration for work performed, if participation in the proceedings is beyond the scope of his (her) official duties.
      4. Specialist may not:
      1) negotiate with participants of the proceedings on the issues, related to the research, without the knowledge of the body, conducting the criminal proceedings;
      2) independently collect research materials.
      These restrictions shall not apply to the persons, referred to in the second part of this Article.
      5. Specialist shall:
      1) appear on call of the body conducting the criminal proceedings;
      2) participate in the investigative actions and court proceedings, using special knowledge, skills and scientific and technological means to assist in collecting, researching and evaluating the evidence;
      3) give explanations about the actions carried out by him (her), and in the case, provided by second part of this article, conduct a research and give a conclusion;
      4) not disclose information about the circumstances of the case and other information, became known to him (her) in connection with participation in the case;
      5) comply with the order in the investigative actions and during the court session;
      6) ensure the safety of the objects, presented to the research.
      6. Specialist may be imposed a monetary penalty in the manner prescribed in Article 160 of this Code for refusal or evasion from his (her) duties without a valid reason.
      Specialist shall be criminally liable, under the law in the case of knowingly false conclusion.

Article 81. Interpreter

      1. A person, disinterested in the case and knows the language, knowledge of which is necessary for translation shall be involved, and attracted to participate in the investigative and judicial actions in cases where the suspected, accused, defendant, their defense counsels or the complainant, civil claimant, civil defendant or their representatives, as well as witnesses and other participants in the proceedings do not speak the language in which the proceedings are conducted, as well as for the translation of written documents.
      2. The body, conducting the criminal proceedings shall issue a decision on the appointment of a person as an interpreter.
      3. The interpreter shall have the right to:
      1) ask questions the persons, attending in the translation, to clarify the translation;
      2) get acquainted with the protocol of the investigative or other procedural actions, in which he (she) participated, as well as the in corresponding part of the protocol of the court session, and give comments, to be entered in the protocol, on the completeness and accuracy of the translation;
      3) refuse to participate in the proceedings, if he does not possess the knowledge necessary for translation;
      4) appeal against the actions of the body, conducting the criminal proceedings;
      5) receive reimbursement of expenses, incurred by him (her) in connection with participation in investigative and other procedural actions, and remuneration for work performed, if participation in the proceedings is beyond the scope of his (her) official duties;
      6) make an application for the adoption of security measures.
      4. The translator shall:
      1) appear on call of the body, conducting the criminal proceedings;
      2) perform accurately and completely the requested translation;
      3) verify the correctness of the translation by his (her) signature in the protocol of investigative action, carried out with his (her) participation, as well as in procedural documents to the handed to participants in the proceedings, translated into their native language or the language they speak;
      4) not disclose information about the circumstances of the case or other information, became ??known to him (her) in connection with the involvement of as an interpreter;
      5) comply with the order in the investigative actions and during the court session.
      5. Interpreter may be imposed a monetary penalty in the manner provided in Article 160 of this Code for refusal or failure to appear or perform his (her) duties without a valid reason. Interpreter shall be criminally liable in the case of a knowingly wrong translation.
      6. The provisions of this Article shall apply to a person who understands the deaf and dumb signs, and invited to participate in the proceedings.

Article 82. Identifying witness

      1. Identifying witness is a person, engaged by the criminal prosecution body to certify the fact of investigative action, its progress and results in the cases, stipulated by this Code.
      2. Only the persons, disinterested in the case and adult citizens, not dependent on the bodies of criminal prosecution and capable of fully and correctly perceive the action, occurred in their presence, and not subject to challenge in accordance with Article 90 of this Code shall be identifying witnesses.
      3. At least two identifying witnesses shall be involved in the investigation actions.
      4. Identifying witness shall have the right to:
      1) participate in an investigative action;
      2) give statements and comments on the investigative action, to be entered in the protocol;
      3) get acquainted with the protocol of any investigative action in which he (she) participated;
      4) appeal against the actions of the criminal prosecution body;
      5) receive reimbursement for costs, incurred by him (her) during the criminal proceedings;
      6) make an application for the adoption of security measures.
      5. Identifying witness shall:
      1) appear on call of the criminal prosecution body;
      2) participate in the investigative action;
      3) verify by his (her) signature in the protocol of investigative actions the fact of this action, its progress and results;
      4) not disclose without the permission of the interrogating officer, investigator, procurator, the pre-trial investigation materials;
      5) comply with the order in the investigative actions.
      6. Identifying witness may be imposed a monetary penalty in the manner provided in Article 160 of this Code for refusal or failure to appear or perform his (her) duties without a valid reason.

Article 83. The court session secretary

      1. The court session secretary is a civil servant, disinterested in a criminal case and keeps the protocol of the court session, and also provides audio and video fixation of the court session.
      2. The court session secretary shall:
      1) be in the courtroom as long as he (she) needs to provide protocoling, and not leave the court session without the permission of the presiding court;
      2) completely and accurately present in the protocol of the action and decision of the court, the petitions, objections, testimony, explanations of all persons, participating in the court session, as well as other circumstances, which shall be recorded in the protocol of the court session;
      3) prepare the protocol of the court session within the period, prescribed by this Code;
      4) obey the lawful orders of the presiding court;
      5) not disclose information about the circumstances that became known to him (her) in connection with his (her) participation in a closed court session.
      3. The court session secretary shall be personally liable for the completeness and correctness of the protocol of the court session.
      4. In the case of presenting the inaccurate or false information in the protocol of the court session, the secretary shall be liable under the law.

Article 84. Officer of justice

      1. Officer of justice is an official, performing the tasks, assigned to him (her) by law to ensure the established order of the courts.
      2. Officer of justice maintains the order in the hall during the court session, follows the instructions of the presiding court and performs safe-keeping of judges, witnesses and other participants in the process in the court, protects them from external influences, assists to the court in procedural actions, drives the persons avoiding to appear in the court, performs other duties, assigned to him (her) by law.

Article 85. Mediator

      1. Mediator is an independent individual, who has been called by the parties for mediation in accordance with the requirements of the law.
      2. Mediator shall be entitled to:
      1) get acquainted with the information, provided to the parties of mediation by the body, conducting the criminal proceedings;
      2) get acquainted with the data about the parties in the criminal proceedings, that are the parties to the mediation;
      3) have private and confidential meetings with the parties to the criminal proceedings that are the parties to mediation, without limiting the number and duration of meetings in accordance with the law of criminal procedure;
      4) assist the parties in concluding agreement on reconciliation in the order of mediation.
      3. The mediator shall:
      1) during the mediation act only with the consent of the parties to mediation;
      2) prior to the mediation explain to the parties of mediation its objectives, as well as their rights and responsibilities;
      3) not disclose the information, which become known to him (her) in connection with the mediation procedure.
      4. The mediator may, with the consent of the parties, carry out the procedure for mediation from the time of registration of an application and a report of criminal offence and at the subsequent stages of criminal proceedings before the entry in the force of the sentence.

Chapter 11. Circumstances, excluding the possibility of
participation in criminal proceedings. Challenges

Article 86. Challenges and requests for removal from
participation and exemption from participation in the
criminal proceedings

      1. If there are circumstances, excluding their participation in criminal proceedings, the judge, the procurator, investigator, interrogating officer, defense counsel, representative of a complainant (private prosecutor), civil claimant, civil defendant, identifying witness, the court session secretary, officer of justice, interpreter, expert, specialist shall be obliged to withdraw from participation in the criminal proceedings or they must be challenged by the participants in the criminal proceedings.
      2. The body, conducting the criminal proceedings shall be entitled to, within its competence, resolve the stated challenges and requests for removal from the proceedings or when identifying circumstances, excluding the participation of the person in criminal proceedings, remove him (her) from participation on his (her) own initiative, by making the appropriate decision. If simultaneously with the removal of the person, authorized to resolve challenges in relation to other participants in the process, the other participants of the process are challenged, the first, the issue of challenge of that person shall be resolved.
      3. In the case, if the simultaneous participation in criminal proceedings of several persons is excluded because of their kinship or other relations of personal dependence, the persons, later than others acquired the status of participant in the process shall be removed from criminal proceedings. If the persons, related with kinship or other relations of personal dependence, became a part of the court, the presiding court shall decide what person must be removed from criminal proceedings.
      4. The court session secretary, officer of justice, interpreter, specialist, expert, whose participation in a criminal proceedings is not excluded by any circumstances, provided for by this Code, may be, upon their request, exempted from such participation by the body, conducting the criminal proceedings, due to the presence of the good reasons, preventing them fulfill their procedural functions.

Article 87. Disqualification of a judge

      1. A judge may not participate in the proceedings, if he (she):
      1) is not a judge, to the jurisdiction of which the criminal case is assigned in accordance with this Code;
      2) participated in the criminal case as investigating judge, considered the complaints, appeals against the decisions of the investigating judge;
      3) is in this case the complainant, civil claimant, civil defendant, called or may be called as a witness;
      4) participated in the criminal proceedings as an expert, specialist, interpreter, identifying witness, court session secretary, interrogating officer, investigator, procurator, defense counsel, legal representative of the suspected, accused, the representative of the complainant, civil claimant or civil defendant;
      5) is a relative of the complainant, civil claimant, civil defendant or their representatives, a relative of the suspected, accused or his (her) legal representative, a relative of the procurator, defense counsel, investigator or interrogating officer or in-law relative of any of the participants in the process;
      6) if there are other circumstances, that give reason to believe that the judge is personally, directly or indirectly interested in the case.
      2. The composition of the court, considering a criminal case may not include the persons, related kinship or other relations of personal dependence.
      3. A judge, participated in considering a criminal case in the court of first instance, may not participate in the consideration of this case in the court of appeal and cassation, or in supervisory instance, as well as to participate in the new trial in the court of first instance, in the case of cancellation of the sentence or the decision on termination of the case, taken with his (her) participation.
      4. A judge, participated in the consideration of the case in the court of appeal, may not participate in the consideration of the case in the court of first instance and appeal, after the abolition of the appellate judgment, decisions, taken with his (her) participation, as well as in consideration of the case on cassation instance.
      5. A judge, participated in the consideration of the case in the cassation instance, may not participate in the consideration of the case in the first instance, appeal and cassation instances after the abolition of the resolution, adopted with his (her) participation.
      6. A judge, participated in the consideration of the case in the preceding court instances, may not participate in the consideration of the same case in the supervisory instance. A judge, participated in the consideration of the case in the supervisory instance, may not participate in the consideration of the same case in the courts of lower instances.
      7. A judge, participated in the consideration of the case in the court of first instance, appeal, cassation and supervisory instances, may not participate in the consideration of the same case due to newly discovered circumstances.
      8. Disqualification shall be declared, when it was aware of the circumstances, excluding the participation of the judge in the case, at any stage of the criminal proceedings.
      9. The issue of disqualification of a judge, as well as participants in court proceedings, subject to challenge, shall be resolved by a court in the conference room with making a decision.
      10. Disqualification declared to the judge, shall be resolved by other judges in the absence of the disqualified, who has the right before removing judges in the conference room, to publicly present his (her) explanation on the disqualification, declared to him (her). Disqualification declared to several judges or to the composition of the court, shall be resolved by the court in full by majority vote. In case of equality of votes, the judge is considered as disqualified.
      11. Disqualification declared to the investigative judge that resolves the petitions for application of a preventive measure or investigative actions shall be resolved by the same investigating judge alone with making a decision. Disqualification declared to the judge, considering the case alone in accordance with the first part of Article 52 of this Code, shall be resolved by the chairman of the court or by another judge of that court, and in their absence – by a judge of the higher court. In the case of approval of the request for challenge, the criminal case, the complaint or petition shall be transferred in the established order to the production of another judge.
      12. Decision on approving or rejecting the disqualification shall not be subject to appeal (protest). Arguments of disagreement with the decision may be included in the appeal, cassation or supervisory complaint.

Article 88. Challenge of procurator

      1. Procurator may not participate in criminal proceedings under any of the circumstances, specified in Article 87 of this Code.
      2. Participation of the procurator in the pre-trial investigation, as well as maintaining his (her) prosecution in court shall not be an obstacle to his (her) further participation in this criminal case.
      3. The issue of challenge of the procurator during the pre-trial investigation shall be resolved by the senior procurator, and in the court proceedings – by the court, hearing the case.

Article 89. Challenge of the investigator and the
interrogating officer

      1. The investigator and the interrogating officer cannot participate in the investigation of the case on the grounds, provided for in Article 87 of this Code.
      2. Participation of the investigator and the interrogating officer in the respective capacities in the investigation, which is carried out earlier in the criminal case, shall not preclude their further participation in the proceedings in the criminal case.
      3. The issue of challenge of the investigator or the interrogating officer shall be decided by the head of the investigation department or the head of a body of inquiry or by the procurator.

Article 90. Challenge of the identifying witness

      1. The identifying witness cannot participate in the pre-trial investigation under any of the circumstances, specified in Article 87 of this Code, and in the second, third and fourth parts of this article.
      2. The identifying witness cannot participate in the pre-trial investigation being personally or through service is dependent on the body, conducting the criminal proceedings. Employees of the law enforcement agencies, courts, students of special law schools, the convicted persons and those who are under the probation supervision, and the persons involved in the criminal liability for other criminal cases may not participate as identifying witnesses.
      3. Previous participation of the identifying witness in an investigative action shall not be a circumstance, precluding his (her) participation in the proceedings under this criminal case of another investigative action, unless the participation of any of the identifying witnesses has become systematic.
      4. Challenge of the identifying witness shall be decided by the person, conducting the investigative action.
      5. For the concealment of the circumstances, precluding his (her) participation in the proceedings, and the failure to perform the obligation provided in the first part of Article 86 of this Code to hold aloof from participation in the proceedings, the identifying witness shall be liable in accordance with the procedure provided for in Article 160 of this Code.

Article 91. Challenge of the court session secretary and
the officer of justice

      1. The court session secretary and the officer of justice cannot participate in criminal proceedings:
      1) under any of the circumstances, specified in Article 87 of this Code;
      2) if they found as incompetent.
      2. Previous participation of the person in the court hearing as a court session secretary or officer of justice shall not be a circumstance, precluding his (her) further participation in the respective capacities at the court sessions.
      3. The issue of challenge to the court session secretary and officer of justice shall be decided by the court, hearing the case.

Article 92. Challenge of an interpreter and a specialist

      1. An interpreter and a specialist cannot participate in criminal proceedings:
      1) under any of the circumstances specified in Article 87 of this Code;
      2) if they found as incompetent.
      2. Previous participation of a person as an interpreter or a specialist shall not be a circumstance, precluding their further participation in the respective capacities in the proceedings under this criminal case.
      3. The issue of challenge to an interpreter and a specialist shall be decided by the body, conducting the criminal proceedings.

Article 93. Challenge of an expert

      1. Expert cannot participate in criminal proceedings:
      1) under any of the circumstances, specified in Article 87 of this Code;
      2) if he (she) was or is in service or other dependence of the interrogating officer, investigator, procurator, judge, the suspected, the accused, their defense counsels, legal representatives, the complainant, civil claimant, civil defendant or representatives;
      3) if he carried out an audit or other verification activities, the results of which form the basis for the criminal prosecution;
      4) if he (she) found as incompetent;
      5) if he (she) participated in the case as a specialist, except in case of participation of a medical specialist in the field of forensic medicine in view of corpse of a person, in accordance with Article 222 of this Code.
      2. The doctor who prior to the appointment of expertise provides the appropriate medical care of a person may not participate in the examination of a living person, and a corpse as an expert.
      3. Previous participation of the person in this case as an expert shall not be a circumstance, precluding the entrusted to him examination under the case, except when it is appointed again after the examination, carried out with his (her) participation.
      4. The issue of challenge to an expert shall be decided by the body, conducting the criminal proceedings.

Article 94. Suspension from participation in criminal proceedings of a defense counsel, representative of the complainant (private prosecutor), civil claimant or civil defendant

      1. A defense counsel, as well as a representative of the complainant (private prosecutor), civil claimant, civil defendant cannot participate in criminal proceedings under any of the following circumstances:
      1) if he (she) previously participated in the case as a judge, procurator, investigator, interrogating officer, court session secretary, officer of justice, witness, expert, specialist, interpreter or identifying witness;
      2) if he (she) is in kinship or other relations of personal dependence with the official, who has taken or is taking part in the investigation or judicial consideration of the case;
      3) if he (she) provides or has previously provided legal assistance to a person, who has the opposite interests with his (her) client or principal, as well as he (she) is in kinship or other relations of personal dependence with such persons;
      4) if he (she) is not entitled to be a defense counsel or a representative by virtue of law or court decision.
      2. The issue of suspension from participation of a defense counsel, representative of the complainant (private prosecutor), civil claimant or civil defendant during the pre-trial investigation shall be decided by the procurator, and in the proceedings in the court – by the court, considering the case.

Chapter 12. Ensuring the safety of the persons,
involved in criminal proceedings

Article 95. Ensuring the safety of judges, jurors,
procurators, investigators, interrogating officers,
defense counsels, experts, specialists, court session
secretaries, officers of justice

      1. The judge, investigating judge, juror, procurator, investigator, interrogating officer, defense counsel, expert, specialist, court session secretary, officer of justice, as well as their family members and close relatives shall be under the state protection.
      2. For the persons, listed in the first part of this article, the state shall provide in the manner prescribed by law, the adoption of security measures against encroachments on their lives, or other forms of violence in connection with consideration of criminal cases or materials in court, carrying out pre-trial investigation.

Article 96. The duty of take measures for the safety of
complainants, witnesses, the suspected persons and other
persons, involved in criminal proceedings

      1. The body, conducting the criminal proceedings shall take measures for the safety of the suspected, accused, complainant, witness and other persons, involved in criminal proceedings, as well as their family members and close relatives, if in connection with the production of the criminal case there is evidence of a threat of committing violence against them or other actions prohibited by criminal law.
      Safety measure in the form of restrictions on access to information can be used to protect against disclosure of the state secrets or information about the private lives of persons, involved in the case.
      2. If necessary, to ensure the safety of the suspected, accused, defendant or convicted, who have entered into a procedural agreement, his (her) close relatives with the consent of the said persons the measures of state protection and security, provided by this Code and other laws shall apply.
      3. The body, conducting the criminal proceedings shall take security measures of the persons, referred to in the first and second parts of this article, on the basis of their oral (written) application or on its own initiative, about what an appropriate decision is made.
      4. Statements of persons, involved in criminal proceedings, their family members and their relatives on their security measures should be considered by the body, conducting the criminal proceedings, no later than twenty-four hours of receipt. An applicant shall be immediately notified about the decision made, with the direction of the copy of the relevant regulations.
      5. The applicant may appeal to the procurator or the court the refusal to satisfy petition for taking measures of his (her) security.
      6. Failure to adopt security measures shall not prevent the repeated application for the adoption of these measures, if the circumstances, which are not reflected in the previously filed application, have arisen.

Article 97. Security measures for complainants, witnesses,
suspected and other persons, involved in criminal proceedings

      1. In order to ensure the safety of witnesses, suspected and other persons, involved in criminal proceedings, their family members and close relatives, the body conducting the criminal proceedings shall:
      1) make a formal warning to the person, who presents the threat of violence, or other actions, prohibited by criminal law, about the possible involvement of him (her) to criminal liability;
      2) restrict access to the information about the protected person;
      3) make a recommendation to ensure his (her) personal safety;
      4) choose for the suspected, accused the preventive measures, excluding the possibility of application (organization of application) in respect of participants in criminal proceedings of violence or commission (organization of commission) of other criminal acts;
      5) apply a measure of procedural coercion in the form of restraining order.
      2. Warning, issued by the body, conducting the criminal proceedings, shall be notified to the person against the signed receipt.
      3. Restriction of access to information about the protected person may be from the beginning of the criminal proceedings under the application of the person, and consists of withdrawal from the case file the information about the personal data of the person and keeping them separate from the main production, the using of an alias by that person. On the application of this measure, the person performing the pre-trial investigation, shall issue a regulation, setting out the reasons for the decision of keeping secret the data of the identity, it specifies an alias and specimen signature of the protected person, which he (she) will use in the protocols of investigative actions with his (her) participation. Procedural actions, involving the protected person, where appropriate, may be carried out under the conditions, precluding his (her) recognition. Resolution and separated from the main production materials shall be placed in a sealed envelope, which is then stored in the body, investigated a criminal case, and with the contents of which, except the person, carrying out pre-trial investigation, the procurator and the court may be get acquainted.
      4. The procedure to ensure the measures of the personal safety of witnesses, suspected and accused persons, complainants and other persons, involved in criminal proceedings, their family members and close relatives shall be defined by law.
      5. Regardless of adoption of the security measures, the criminal prosecution body shall be obliged in the presence of reasons, to start a pre-trial investigation in connection with the detection of threats to commit the action, prohibited by criminal law in relation to complainant, witness, suspected and other persons, involved in criminal proceedings.
      6. Security measures shall be canceled on the reasoned decision of the body, conducting the criminal proceedings when there is no need in their application. The protected person shall be promptly notified of the cancellation of his (her) security measures, or disclosure of his (her) data to the persons, involved in criminal proceedings. Filing a complaint to the court or procurator by the protected person on the decision of the body, conducting the criminal proceedings, on the abolition of security measures shall suspend the execution of the disputed decision.

Article 98. Ensuring the safety of the persons,
involved in court proceedings

      1. To ensure the safety of the participants in the court proceedings, the presiding judge holds a closed session of the court, as well as takes measures stipulated in the first, second, third and fourth parts of Article 97 of this Code.
      2. The court may, at the request of the protected person, the prosecution party, as well as on his (her) own initiative in order to ensure the safety of the person, his (her) family members and close relatives, issue an order on the interrogation of a witness:
      1) without disclosing the data on the identity of the protected person by using an alias;
      2) under the conditions, excluding recognition of the protected person for the rest of other attendants, by the voice, accent and external data: gender, nationality, age, height, body-built, posture, gait;
      3) without a visual observation of him (her) by other participants in the court proceedings, including by videoconference.
      The judge shall personally certify the identity of the interrogated through the familiarization of the personal data of the protected person, separated from the main production, and the identity documents, without their announcement, presenting other participants in the court session, including the court session secretary, and reflection in the protocol of the court session and (or) judicial acts.
      3. The Chairman shall be entitled to:
      1) prohibit the production of video, sound recordings and other means of capturing the interrogation;
      2) remove from the courtroom a defendant, representatives of the defense team, with the exception of a lawyer.
      4. Testimony of the protected person, who is interrogated by the court without any of the participants in the proceedings or outside their visual observation, shall be announced by the presiding judge in the court, in the presence of all its members without specifying the information about the protected person.
      5. Where necessary, the court shall take other measures to ensure the safety of participants in the proceedings and other persons, provided by law.
      6. Execution of the court order on ensuring the safety of the participants in the proceedings shall be assigned to the criminal prosecution bodies, institutions and bodies, executing punishment, as well as an officer of justice.

Chapter 13. Applications. Appeal against the actions
(inaction) and decisions of the state bodies and
officials, carrying out the criminal proceedings

Article 99. Obligatoriness of consideration of applications
of the participants to the criminal proceedings

      1. The participants to the criminal proceedings may apply to the person, conducting the pre-trial investigation, the procurator, the judge (court) with applications for production of procedural actions or making procedural decisions to establish the circumstances, relevant to the criminal proceedings, ensuring the rights and legitimate interests of the person, making a request, or the person they represent.
      2. Making applications is possible at any stage of the process. The person, who made an application, must specify to determine what circumstances he (she) requests to perform an action or making a decision. Written requests shall be attached to the materials of the criminal case oral requests shall be recorded in the protocols of the investigative action or court session.
      3. Rejection of the application shall not prevent its repeated application at the subsequent stages of criminal proceedings or before other body, conducting the criminal proceedings.
      4. The application shall be subject to consideration and resolution immediately after its application. In cases where an immediate decision on the application is not possible, it must be resolved within three days from the date of application.
      5. The application shall be satisfied, if it contributes to a comprehensive, full and objective investigation of circumstances of the case, ensuring the rights and legitimate interests of the participants in the proceedings or others. In other cases, the satisfaction of the application may be denied. The body, conducting the criminal proceedings shall not refuse to satisfy an application for interrogation as experts or witnesses of the persons, whose attendance is provided by the parties. The body, conducting the criminal proceedings shall assist in securing the attendance for the interrogation of the specified persons, including with the application of coercive procedural measures, stipulated by law.
      6. On the complete or partial refusal to satisfy the body conducting the criminal proceedings shall issue a reasoned decision, which shall be communicated to the person, who made the request. The decision on the application may be appealed by the general rules of submission and consideration of complaints, established by this Code.

Article 100. Appeals against the decisions and actions
(inaction) of the bodies and officials

      1. The decisions and actions of the person, conducting the pre-trial investigation, the procurator, court or judge may be appealed as provided in this Code by the participants in the criminal proceedings, as well as by individuals and legal entities, if the conducted procedural actions affect their interests.
      2. Complaints shall be submitted to the state body or the official, authorized by law to consider complaints and make decisions in the criminal case.
      3. Complaints may be oral or written. Oral complaints shall be recorded in the protocol, signed by the applicant and the official, who received the complaint. Oral complaints, expressed by citizens at a reception at the appropriate officials shall be settled on a common basis with the complaints submitted in writing. The complaint may be accompanied by additional materials.
      4. A person, who does not speak the language, used in the criminal proceedings, shall be guaranteed the right to file a complaint in his (her) native language or a language he (she) speaks.
      5. The complainant shall have the right to withdraw his (her) complaint. The suspected, the accused shall have the right to withdraw the complaint of the defense counsel; the civil claimant, the victim (private prosecutor), the civil defendant shall have the right to withdraw the complaint of his (her) representative, except for the legal representative. The complaint filed in the interests of the suspected, the accused may be withdrawn only with his (her) consent. Withdrawal of the complaint shall not prevent its repeated submission before the expiration of terms, specified in Article 102 of this Code, except as otherwise expressly provided by this Code.

Article 101. The procedure for filing complaints of the
persons arrested or detained in custody

      1. The administration of pre-trial detention shall immediately send to the body conducting the criminal proceedings, the addressed to it complaints of the persons, arrested on suspicion of committing a criminal offence or detained in custody as a preventive measure.
      2. The administration of places of detention shall immediately send to the procurator the complaints of persons, arrested or detained in custody, on torture and other cruel, inhuman or degrading treatment, as well as on the actions or decisions of the investigator, the interrogating officer, the head of the body of inquiry, and the complaints on the actions and the decision of the procurator – to a higher procurator. The administration of places of detention shall send other complaints no later than the day after their receipt to a person or body, dealing with the case.

Article 102. Terms for filing complaints

      Complaints on the actions and decisions of the interrogating officer, the body of inquiry, investigator, procurator, judge or court may be filed during the pre-trial investigation and court proceedings. Complaints against the decision to terminate the criminal case at the pretrial stage may be filed within one year from the adoption of the respective resolution by the criminal prosecution body or its approval by the procurator. Complaints against judicial acts, made by courts of first instance, appeal or cassation instances, shall be filed within the terms established by this Code.

Article 103. Suspension of execution of the decision in
connection with the filing a complaint

      In the cases, provided for in this Code, filing a complaint shall suspend the execution of the disputed decision. In other cases, bringing the complaint may result in the suspension of the execution of the disputed decision, provided that it deems necessary the person, considering a complaint.

Article 104. General procedure for considering complaints

      1. It is prohibited to charge the consideration of the complaint to an interrogating officer, investigator, procurator or judge, whose actions are appealed, as well as an official, approved the decision appealed.
      2. Considering the complaint, the procurator or the judge shall check all the arguments contained therein, if necessary, request additional materials, obtain from the relevant officials, individuals or legal entities written explanations regarding the disputed actions and decisions.
      3. The procurator or the judge, considering the complaint, shall, within their powers, take immediate action to restore the violated rights and legitimate interests of the participants to the criminal proceedings, as well as other individuals or legal entities.
      4. If by the appealed unlawful actions or decisions the person or legal entity caused moral, physical or property damage, he (she) should be explained the right to compensation or elimination of damage and the procedure for exercising this right, provided for in Chapter 4 of this Code.

Article 105. Procedure for consideration of complaints against
the actions (inaction) and decisions of the persons, carrying
out pre-trial investigation, the procurator

      1. Complaints against the actions (inaction) and decisions of the persons, carrying out pre-trial investigation shall be filed to the procurator. Complaints against the actions (inaction) and decisions of the procurator shall be filed to a higher procurator. An official to whom the complaint on his (her) own actions (inaction) or decision is filed, shall immediately send the complaint with his (her) explanations to the appropriate procurator. If the official finds the complaint as justified, he (she) shall stop the appealed action (inaction) or revoke the appealed decision, as reported to the procurator.
      2. Procurator shall consider the complaint and notify about the decision adopted the complainant, within seven days of receipt. Complaints about violations of the law during the arrest, search, seizure, seizure of property, recognition as the suspected, qualification of the suspected acts, removal from office, as well as use of torture, violence, threats or violations of the right to protection shall be considered within three days of receipt. In exceptional cases, where to check the complaint is necessary to request additional materials or take other measures, it shall be allowed to consider the complaint within the period of fifteen days with notification of the person, who filed the complaint.
      3. As a result of consideration of the complaint it may be decided on full or partial satisfaction of the complaint with cancellation or changing the appealed decision or refusal to satisfy the complaint. In this, the earlier decision cannot be changed, if it will cause worsening the situation of the complainant or the person, in whose interests it is filed.
      4. The person, who filed the complaint shall be notified of the decision taken on the complaint, and further appeal. Refusal to satisfy the complaint must be motivated.

Article 106. The judicial procedure for considering complaints
against the actions (inaction) and decisions of the procurator,
the criminal prosecution bodies

      1. A person, whose rights and freedoms are directly affected by the action (inaction) and the decision of the procurator, bodies of investigation and inquiry, shall have the right to appeal to the court on the refusal to accept the application on the criminal offence, as well as on the violation of the law at the beginning of the pre-trial investigation, interruption of investigation terms, termination of the criminal case, forced placement in a medical organization for forensic medical examination, performing a search and (or) seizure or other actions (inaction), and making decisions. In considering the complaint under this Article, the court should not prejudge the issues which, in accordance with this Code may be subject to judicial consideration in the resolution of the criminal case on the merits.
      2. In consideration of the complaint, the court without giving assessment of available evidence in the case, shall find out, if all the circumstances, pointed to by the applicant in the complaint are tested and considered by the interrogating officer, investigator, the procurator. In this, the court, without making conclusions on proof or lack of evidence, admissibility or inadmissibility of evidence collected must verify the existence or absence of substantive and procedural grounds for making a decision in the case.
      3. The limits of judicial review are limited to clarifying the compliance of the law in the commission of actions (inaction) and making decisions, referred to in the first part of this article.
      4. Bringing a complaint shall not suspend the production of the appeled actions and execution of the appeled decision.
      5. The application may be filed in the district court at the location of the body, conducting the criminal proceedings, within fifteen days from the date of familiarization with the decision, with which the person does not agree, or in the same period after receipt of the notice of the procurator on the refusal to satisfy the complaint, filed in his (her) name, or from the date of expiration of fifteen days after the filing of the complaint to the procurator, if a response is not received.
      6. The complaint shall be considered by the investigating judge alone without holding a court session within three days. If it is necessary to explore the circumstances, relevant for a legitimate and reasoned decision, the investigating judge shall consider the complaint within ten days in a closed court session with the participation of the persons concerned and the procurator, non-appearance of which does not preclude the consideration of the complaint. By order of the investigating judge, a court session may be held as a video. Protocol shall be kept during the court session. If necessary, the investigating judge shall be entitled to request additional materials, call and interview relevant persons. Officials, whose actions (inaction) and decisions are appealed, at the request of the court shall, within three days, submit to the court the materials that served as the basis for such actions (inaction) and decisions.
      7. At the court session, the investigating judge announces which complaint is subject to review, then the applicant, if he (she) is involved in a court session, shall prove the complaint, then the other persons, who come and are entitled to provide the court with evidence, shall be heard. The burden of proving the legality of the appealed action (inaction) or decisions lies with the person, who committed or accepted them.
      8. As a result of consideration of the complaint, the investigating judge shall make appropriate decisions:
      1) on abolition of the procedural decision, deemed as illegal;
      2) on recognition of the action (inaction) of the official concerned as illegal or unreasonable, and his (her) duty to eliminate the violation;
      3) on assigning to the procurator the duty to eliminate the violation of rights and legitimate interests of citizens or organizations;
      4) on abandonment of the appeal.

Article 107. The appeal, protestation of the resolutions
of investigating judge

      1. During the pre-trial investigation the suspected, his (her) defense counsel, the legal representative, the victim, his (her) legal representative, the representative shall have the right to appeal, and the procurator to protest against the resolution of the investigating judge:
      1) on sanctioning of the preventive measure in the form of detention of the suspected in custody, extradition arrest, house arrest, bail or extend the period of detention in custody, house arrest;
      2) on refusal to give sanction to the detention of the suspected in custody, extradition arrest, house arrest, bail, or to refuse to extend the period of detention in custody, house arrest;
      3) on cancellation or refusal of cancellation the sanctioning of the preventive measures;
      4) on imposition or refusal to seizure of property;
      5) on exhumation or refuse to do so;
      6) on the announcement of the international investigation or refuse to do so;
      7) on forced placement of a person in a medical organization for forensic and medical, and (or) the forensic and psychiatric examination or refuse to do so;
      8) on the circulation of bail in favor of the state or refuse to do so;
      9) on consideration of the complaints against the actions (inaction) and decisions of the procurator, the criminal prosecution bodies.
      2. The decision of the investigating judge, made in accordance with the rules of this Article within three days from the moment of its announcement, may be appealed by the persons, referred to in the first part of this article, as well as protested by the procurator to the regional and equated court through the court, the investigating judge of which made the decision. The deadline, missed for a good reason at the request of the person concerned may be reinstated in accordance with Article 50 of this Code.
      3. Filing a complaint or protest shall not suspend the execution of the decisions, provided in the resolution on the issues, specified in paragraphs 8) and 10) of the first part of Article 55 of this Code and paragraphs 1), 2) and 7) of the first part of this Article.
      4. At the end of the period for appeal and protest, the materials with a complaint and protest, shall be sent to the regional or equivalent court with notification of it the applicant and the person, whose actions and decisions are appealed, and the procurator. The decision of the regional or equivalent court, taken as a result of consideration of the complaint and protest shall be final.
      5. Judge of the regional or equivalent court in compliance with the terms, envisaged in the second and third parts of this article, no later than three days from the receipt of the complaint and protest to the court shall check the legality and validity of the decision of the investigating judge.
      Decision of the judge of the regional or equivalent court, taken as a result of consideration of the complaint and protest, shall enter into force from the date of publication.
      6. The procurator and defense counsel of the suspected shall participate in a closed court session. The court session may also be participated by the suspected, his (her) legal representative, the victim, his (her) legal representative and the representative, and other persons whose rights and interests are affected by the appealed decision, non-appearance of which in timely notification of the time for consideration of the complaint and protest does not interfere with their judicial consideration.
      7. After hearing the arguments of the parties, considering the submitted materials, the court shall make one of the following reasoned decisions:
      1) about leaving the decision of the investigating judge of the regional or equivalent court without change;
      2) about changing the decision of the investigating judge;
      3) about the cancellation of the resolution of the investigating judge and making a new resolution.
      8. A copy of the court resolution shall be sent to the body of pre-trial investigation, as well as the procurator, the suspected, the defense counsel and a representative of the administration of the place of detention of the person and shall be subject to immediate execution.
      9. Appeal against the decision on the extradition (extradition) of the person, accused of a crime or convicted in a foreign state, and the judicial review of its legality and validity shall be carried out in accordance with the procedure, provided for in Article 592 of this Code.

Article 108. Complaints, protests against the sentence,
resolution of the court

      Complaints, protests against the sentence, resolution of the courts of first instance shall be filed in accordance with the rules of Chapter 48 of this Code. Complaints, protests, petitions for review of the court decisions that have entered into force, shall be filed in accordance with the rules, set out in Chapter 50 and 52 of this Code.

Chapter 14. Final provisions on the persons, involved
in criminal proceedings

Article 109. The right to demand recognition as participant
in the proceedings

      1. Persons who are not participants in the criminal proceedings, if there are the grounds for it, provided for in this Code shall have the right to demand recognition of them as the suspected persons, victims, private prosecutors, civil claimants, civil defendants, their legal representatives and representatives. Applications (requests) of the said persons shall be considered the body, conducting the criminal proceedings, within three days of receipt. About the decision shall be immediately notified the applicant, to whom a copy of the decision shall be sent.
      2. An applicant may appeal to the procurator, the court the refusal to satisfy his (her) request or postponing its settlement within five days of receiving a copy of the relevant decision. If the copy of the decision is not received within ten days from the filing of the complaint, the complainant may appeal the inaction to the court or refer to the procurator with the application for recognition him (her) as a participant in the process.
      A close relative, spouse (husband) of the deceased or the person, lost the ability to consciously express his (her) will as a result of a criminal offence of a person, can claim the recognition of him (her) as a victim, if he (she) wants to become his (her) successor. The specified request shall be considered the body, conducting the criminal proceedings in the manner prescribed by the first part of this Article.

Article 110.The duty of explaining the rights and
responsibilities and providing opportunities for their
implementation to the persons participating in
the criminal proceedings

      1. Each person, involved in criminal proceedings shall have the right to know his (her) rights and responsibilities, the legal consequences of his (her) chosen position, as well as an explanation of the procedural actions, carried out with his (her) participation and the content of the materials of the criminal case, submitted to him (her) for review.
      2. The body, conducting the criminal proceedings shall explain to each person, who is involved in criminal proceedings, his (her) rights and responsibilities assigned to him (her), including in the cases involving minors, to their representatives the right to be tried in a special juvenile court or in the court of the place of residence of the minor, ensuring in the manner, provided in this Code the opportunity to implement them. At the request of the person, the body conducting the criminal proceedings shall explain his (her) rights and responsibilities again.
      3. The body, conducting the criminal proceedings shall be obliged to inform the participants in the proceedings the names of the persons, who may be challenged, and other necessary information about them.
      4. The rights and responsibilities shall be mandatorily explained to a person, who acquired the status of participant to the proceedings before the procedural actions with his (her) participation and before expressing by him (her) any position as a participant in the proceedings. The Court shall be obliged to explain the participant to the proceedings, appearing before the court session the rights and responsibilities assigned to him (her), regardless of whether they are explained in the pre-trial investigation.
      5. The body, conducting the criminal proceedings shall clarify the responsibilities and rights to the identifying witness, the interpreter, the specialist and expert before each procedural action, carried out with their participation.
      The responsibilities and rights of the witness should be explained to him (her) before his (her) first interrogation by the criminal prosecution body, and again in the court session.

Section 3. Evidence and proof

Chapter 15. Evidence

Article 111. The concept of evidence

      1. The evidence in criminal case is legally obtained evidence on the basis of which in the manner, provided for in this Code the body of inquiry, interrogating officer, investigator, procurator, the court establishes the presence or absence of the act, provided by the Criminal Code of the Republic of Kazakhstan, the commission or omission of an act by the suspected, accused or the defendant, his (her) guilt or innocence, as well as other circumstances relevant for the proper resolution of the case.
      2. Evidence, relevant to the proper resolution of the criminal case shall be established: by the testimony of the suspected, accused, victim, witness, the witness, entitled to protection, expert, specialist; by the conclusion of the expert, specialist; by material evidence; the protocols of procedural actions and other documents.

Article 112. The evidence, not admissible as evidence

      1. The evidence must be declared not admissible as evidence, if they are obtained in violation of this Code, which, through deprivation or restraint of the legally guaranteed rights of participants in the proceedings or in violation of other rules of criminal procedure in pre-trial investigation or judicial proceedings had, or could affect the reliability of the evidence, including:
      1) the use of torture, violence, threats, deception, or other illegal acts and abuse;
      2) the use of the delusion of a person, participating in criminal proceedings with respect to his (her) rights and responsibilities arising from unexplained, incomplete or incorrect explanation of them to him (her);
      3) in connection with the procedural action by a person, not authorized to conduct proceedings in the criminal case;
      4) in connection with participation in the procedural action of a person, subject to the challenge;
      5) a material violation of the order of procedural actions;
      6) from an unknown source or from a source that cannot be established in court session;
      7) the use in the course of proving the methods contrary to current scientific knowledge.
      2. Inadmissibility of the use of factual evidence as evidence, as well as their limited use in criminal proceedings shall be established by the body of inquiry, interrogating officer, investigator, procurator or court, on its own initiative or at the request of a party. The body of inquiry, interrogating officer, investigator, procurator or judge, deciding on the inadmissibility of evidence, shall in each case find out what exactly reflected to the violation and take a reasoned decision.
      3. Testimony of the suspected, victim or witness, the conclusion of expert and specialist, material evidence, protocols of investigative and judicial actions and other documents cannot be basis for prosecution, if they are not included in the inventory of the criminal case. Testimony, given by the suspected during his (her) preliminary interrogation as a witness cannot be considered as evidence and used against his (her) spouse (husband/wife), and close relatives, as well as be the basis for the prosecution of the suspected.
      4. Evidence, obtained in violation of the criminal procedure law, shall be deemed inadmissible as evidence and cannot be the basis for the prosecution, as well as used in proving any circumstances, referred to in Article 113 of this Code.
      5. Evidence, obtained with violations, referred to in the first part of this article, may be used as evidence of the fact of the corresponding violations and the guilty of persons, committed them in the course of investigation of the criminal case.

Article 113. Circumstances to be proven in a criminal case

      1. The following must be proved in a criminal case:
      1) event and signs of the elements of a criminal offence (time, place, method and other circumstances of its commission), defined in the criminal law;
      2) who committed prohibited by the criminal law act;
      3) the guilt of the person committing a prohibited by the criminal law act, the form of his (her) guilt, the motives of the committed offence, the legal and factual errors;
      4) the circumstances that affect the degree and nature of liability of the suspected, accused;
      5) the circumstances that characterize the personality of the suspected, accused;
      6) the consequences of the committed criminal offence;
      7) the nature and extent of the harm, caused by the criminal offence;
      8) the circumstances, precluding criminal wrongfulness of the act;
      9) the circumstances, causing the exemption from criminal liability and punishment.
      2. Additional circumstances, which must be proved in cases of criminal offences, committed by minors, specified in article 531 of this Code, and in cases of socially dangerous acts of the insane in Article 510 of this Code.
      3. Along with the other circumstances of the criminal case, the circumstances, confirming that property subject to confiscation in accordance with Article 48 of the Criminal Code of the Republic of Kazakhstan, obtained illegally, including as a result of committing a criminal offence, or is the income from this property or used or intended for use as a weapon of offence or financing or other support of extremist or terrorist activities or criminal group, must be proved.
      4. The circumstances that contributed to the commission of a criminal offence must be identified in the criminal case.

Article 114. Circumstances, established without proof

      The following circumstances are considered to be established without proof, if within the appropriate legal procedures will not be proven otherwise:
      1) commonly-known facts;
      2) correctness of the research methods, generally accepted in modern science, technology, art, craft;
      3) the circumstances, established by a legally effective judicial act;
      4) knowledge of the law by a person;
      5) knowledge by a person of his or her official and professional duties;
      6) absence of special training or education of a person, who failed to confirm the availability of the document and does not indicate the educational institution or other institution, where he (she) received special training or education.

Article 115. Testimony of the suspected, victim, witness

      1. Testimony of the suspected, victim or witness is the information, communicated by them in writing or orally during the interrogation, held in pre-trial investigation in the manner prescribed by Chapter 26 of this Code.
      2. The suspected shall have the right to give testimony about the existing suspicions against him (her), as well as on other circumstances known to him (her) and relevant in the case, and evidence.
      3. Recognition by the suspected of his (her) guilt in committing a criminal offence may be used as the basis for prosecution only upon confirmation of his (her) guilt by total of the evidence in the case.
      4. The victim may be interrogated about any circumstances, subject to proof in the case, as well as his (her) relationship with the suspected, other victims, witnesses. The information reported by the victim may not be used as evidence, if he (she) cannot specify the source of his (her) knowledge.
      5. A witness may be interrogated on any relevant circumstances, including the identity of the suspected, the victim and his (her) relationship with them and other witnesses. The information reported by a witness may not be used as evidence, if he (she) cannot specify the source of his (her) knowledge. The information of the persons, not to be questioned as witnesses shall not be evidence.
      6. Testimony of the data, characterizing the identity of the suspected cannot be the basis for prosecution and is used as evidence only to address the issues, related to the purpose of punishment or exemption from punishment.
      7. Testimony of a person, who in the order prescribed by this Code recognized at the time of interrogation as unable to perceive or reproduce the circumstances, relevant to the criminal case, shall not be evidence.
      8. Evidence, directly perceived by the person, who on a confidential basis assists to the law enforcement or special state bodies, may be used as evidence after questioning the specified person with his (her) consent as a witness, victim, suspected or accused.
      Evidence, directly perceived by persons, embedded in a criminal group, in order to ensure the safety of these persons can be used as evidence after questioning of the official of the body, conducting operational investigative activities or unspoken investigative actions, as a witness.

Article 116. Expert’s conclusion and testimony

      1. Expert’s conclusion is a document, drawn up in accordance with the requirements of this Code and reflecting the status and results of forensic investigation.
      2. Oral explanation of the expert shall be evidence only in part of the explanation of his (her) earlier conclusions.
      3. Expert’s conclusion shall not be binding on the body, conducting the criminal proceedings, but his (her) disagreement with the conclusion must be motivated.
      4. Expert’s testimony is the information, communicated by him (her) during the interrogation, conducted after obtaining the conclusion, in order to explain or clarify this conclusion.

Article 117. Specialist’s conclusion and testimony

      1. The conclusion of the specialist is the official document, drawn up in accordance with the requirements of the third part of this article and submitted in writing, reflecting the content of the study and conclusions on the issues put before the specialist by the person, conducting the criminal proceedings, or the parties.
      The procedure for appointing a research, reporting on the impossibility of giving a conclusion, the rights and duties of the suspected, the accused, the victim and his (her) representatives, witnesses, defense counsel with the appointment and conduct of research, guarantees of the rights and legitimate interests of persons, in respect of which the research is conducted, the rights of participants in the process for the presence in the production of research, legal requirements to the objects of research, the order and the legal consequences of presentation for the suspected, the victim the specialist’s conclusion, the grounds and procedure for obtaining samples for the research shall be established by the Chapters 34 and 35 of this Code, taking into account the special features of the specialist’s research.
      2. After the production of the necessary research, the specialist on his (her) own name prepares a written report and certifies it with his (her) signature.
      Written conclusion of the specialist, compiled by officer of the authorized units of law enforcement or special state body of the Republic of Kazakhstan, shall be sealed by the specified unit.
      3. The specialist’s conclusion shall include: the date of its registration, date and place of research; details of the protocol of the investigative action, which attached by the specialist, information about the specialist, who conducted the research (surname, first name, middle name (if available), education, profession, professional experience, academic degree and academic rank, position); the mark, certified by the specialist that he (she) warned of criminal liability for knowingly giving false conclusion; the questions put to the specialist; the objects of research, their condition, packaging, affixing a seal; the content and results of research, showing the techniques employed; evaluation of the results of the research, study and formulation of conclusions on the issues laid upon the specialist.
      4. Materials, illustrating the specialist’s conclusion (photo-tables, diagrams, graphs, tables, and other materials), certified in the manner prescribed by the second part of this article, shall be attached to the conclusion and shall be its integral part. The conclusion must also be attached by remaining after the research objects, including samples.
      5. Oral explanations of the specialist shall be evidence only in part of the explanation of his (her) earlier conclusions.
      6. Testimony of the specialist is the information, communicated by him (her) during the interrogation, conducted after obtaining the conclusion, in order to explain or clarify this conclusion.
      7. Conclusion of the specialist shall not be binding to the body, conducting the criminal proceedings, but his (her) disagreement with the conclusion must be motivated.

Article 118. Material evidence

      1. As material evidence shall be recognized the items, if there is a reason to believe that they served as instruments of a criminal offence or retained traces of a criminal offence or were the subject of a socially dangerous assault, as well as money and other valuables, objects and documents that can serve as means to detect criminal offences and establishment of facts, identify the guilty person or refutation of his (her) guilt or leniency.
      2. Material evidence shall be attached to the case by the decision of the body, conducting the criminal proceedings, and shall be with it until the entry into force of the sentence or decision to terminate the case, except in cases specified in part four of Article 221 of this Code. The order of examination of material evidence and its storage shall be defined in Article 221 of this Code.
      3. In deciding to terminate a criminal case or sentencing, the issue of material evidence should be resolved. In this case:
      1) implements of a criminal offence shall be confiscated by a court order or transferred to the relevant bodies to certain persons or destroyed;
      2) things that are prohibited for circulation or limited in circulation, shall be transferred to the appropriate institutions or destroyed;
      3) things of no value, and which cannot be used, shall be destroyed, and in the case of application of the interested persons or institutions may be granted to them;
      4) money and other valuables, acquired by criminal means, as well as items of illegal business and contraband shall be subject to forfeiture to the state by the court decision; other things shall be given to their rightful owners, and at an unspecified last become the property of the state. In the event of a dispute about the ownership of these things, the dispute shall be settled in civil proceedings;
      5) documents that are material evidence, shall remain in the case for the duration of its storage or transferred to interested persons or legal entities in the order specified in the fourth part of Article 120 of this Code.
      4. The order of withdrawal, registration, storage, transfer and destruction of material evidence, documents in criminal cases by the court, procurators, bodies for criminal prosecution and judicial examination shall be established by the Government of the Republic of Kazakhstan.

Article 119. Protocols of the procedural actions

      1. The evidence in a criminal case shall be the actual data, contained in prepared in accordance with the rules of this Code protocols of investigative actions, certifying the circumstances directly perceived by a person, conducting the criminal proceedings, as well as the established during the inspection, examination, seizure, search, arrest, seizure the property, presentation for identification, obtaining samples, the exhumation of the corpse, checking testimony in place, the submission of documents, investigative experiment, results of the research of undercover investigative actions, the study of material evidence, conducted by the specialist in the investigative action, as well as the contained in the protocol of the court session, reflecting the course of judicial actions, and their results.
      2. The actual data, contained in the protocols, compiled in making an oral statement about the criminal offence, the submitted things and documents, acknowledgement of guilt, clarifying the persons of their rights and duties, assigned to them, may be used as evidence.

Article 120. Documents

      1. Documents shall be recognized as evidence, if the information contained or certified in them by individuals, legal entities and officials, are important for the criminal case.
      2. Materials, which contain the actual data of illegal actions, received in compliance with the Law of the Republic of Kazakhstan “On operative-search activity”, shall be the documents and can be used in criminal proceedings as evidence.
      3. Documents may contain the information recorded in written and another form. Documents also include the explanations, acts of inventories, audits, inquiries, tax acts, the conclusions of tax authorities, as well as the materials containing computer information, photography and filming, sound and video recordings, obtained, demanded or presented in the manner, provided for in Article 122 of this Code.
      4. Documents shall be attached to the case and kept in it for the duration of its storage. In case, where withdrawn and attached to the case documents are required for the current accounting, reporting and other legal purposes, they can be returned to the rightful owner or provided for temporary use, if possible, without damage to the case, or transmitted copies thereof.
      5. In cases, where the documents have signs, referred to in Article 118 of this Code, they shall be recognized as material evidence.

Chapter 16. Proof

Article 121. Proof

      1. Proof is collecting, researching, evaluating and using the evidence to establish the circumstances, relevant to a legitimate, reasonable and fair resolution of the case.
      2. The burden of proof of the grounds of criminal liability and guilt of the suspected, the accused lies on the accuser.

Article 122. Collection of evidence

      1. Collection of evidence shall be produced during the pre-trial investigation and court proceedings by procedural actions, provided in this Code. Collection of evidence includes their detection, consolidation and seizure.
      2. The body, conducting the criminal proceedings on applications of participants in the process or at its own initiative may under its production criminal case call in the manner prescribed by this Code, any person for interrogation or giving a conclusion as an expert or specialist; produce procedural actions under this Code; demand from individuals, legal entities and officials, as well as the bodies, exercising operational and search activities, the provision of documents and items relevant to the case, in compliance with the order, established by legislative acts of the Republic of Kazakhstan for the issuance and disclosure of information that constitutes commercial or other secret protected by law; require the production of audit and inspection by the authorized bodies and officials. The criminal prosecution body notifies the procurator within a day on demand of audits and inspections of business entities. The court may not, on its own initiative, collect evidence.
      3. Defense counsel, representative of the victims, admitted in accordance with this Code to participate in the pre-trial investigation or court proceeding shall have the right in the compliance with the order, established by the legislative acts of the Republic of Kazakhstan on non-disclosure of information, constituting commercial and other secrets protected by law, to obtain the information necessary for the implementation of protection, representation of the interests of the victim, by:
      1) requesting certificates, testimonials, and other documents from legal entities.
      Certificates, testimonials and other documents may be requested by the defense counsel, representative of the victim from state bodies, public associations, as well as other legal entities. These legal entities shall submit to the defense counsel, representative of the victim their requested documents or their certified copies within ten days.
      In considering the issue on sanctioning the preventive measure in the form of detention in custody, the requested certificates, testimonials and other documents shall be submitted to the defense counsel within two days of;
      2) initiation on a contractual basis to carry out a forensic examination in accordance with the fifth, ninth and tenth parts of article 272 of this Code;
      3) sending a request to the expert institution to conduct on a contractual basis of the relevant expertise;
      4) involvement on a contractual basis of a specialist;
      5) questioning with their consent of the persons allegedly to possess information relevant to criminal case, including the use of scientific and technical means.
      4. The suspected, accused, defense counsel, private prosecutor, victim, civil claimant, civil defendant and their representatives, as well as all citizens and organizations shall have the right to provide the information both orally and in writing, as well as items and documents to be attached as evidence in a criminal case.
      Items and documents after their evaluation according to the rules of Article 125 of this Code shall be attached to the criminal case, about what the protocol is drawn up in accordance with the second part of Article 119 of this Code.
      Adoption of items and documents from the participants to the proceedings and other persons shall be based on an application in the manner, prescribed in Article 99 of this Code.
      5. Failure to comply with the requirements of paragraph 1) of the third part of this Article entails the liability under the law.

Article 123. Preservation of evidence

      1. Actual data may be used as evidence only after their fixation in the protocols of procedural actions.
      2. The responsibility for keeping the protocols during the pre-trial investigation is assigned to an interrogating officer, investigator and procurator, and in the court - to the presiding judge and court session secretary.
      3. The participants of the investigative and judicial actions, as well as the parties to the court proceedings should be guaranteed the right to get acquainted with the protocols that set out the progress and results of these actions, to make additions and corrections to the protocol, make comments and objections to the procedure and conditions of this action, offer their version of the recording in the protocol, pay attention of the interrogating officer, investigator, procurator or court to the circumstances that may be relevant to the case. The note about the explanation to the participants of investigative and judicial actions of their rights shall be made in the protocol.
      4. Additions, corrections, comments, objections, applications and complaints, made orally, shall be included in the protocol, and laid down in written form shall be attached to the protocol. The clause about crossed out or inscribed words or other corrections shall be made before the signatures at the end of the protocol.
      5. Persons, who are acquainted with the protocol of the investigative action, shall put their signatures to the last line of text on each page and at the end of the protocol. In reading the part of the protocol of the court session the signatures may be put at the end of each page or at the end of this part.
      6. In case of disagreement with comments or objections, the interrogating officer, investigator, procurator or the court shall render a decision.
      7. At refusal of any of the participants in the process or other persons to sign in cases, prescribed by law, the protocol of investigative action, the interrogating officer, investigator or procurator shall make a note in the protocol, which is certified by the signature.
      8. At refusal to sign in cases prescribed by law the records of judicial action, made in the protocol of the court session, a note shall be made in this protocol and certified by the signatures of the presiding judge and court session secretary.
      9. A person, refused to sign the protocol shall have the right to explain the reason for refusal and the explanation shall be recorded in the protocol.
      10. If the participant of the procedural action due to his (her) physical disability cannot read or sign the protocol him(her)self, with his (her) consent the protocol shall be read aloud and signed by his (her) defense counsel, representative or other individual, whom he (she) trusts, as is noted in the protocol.
      11. To preservation of evidence, along with the preparation of protocols the sound, video, film, photography, the production of snapshots, prints, plans, schemes and other ways of capturing information can be used. On the application of a party to the investigative action or court proceedings the referred methods for preservation of evidence, a note respectively in the protocol of the investigative action or the protocol of the court session shall be made with the technical specifications of the used scientific and technical means.
      12. Soundtracks, videos, movies, photos, snapshots, prints, plans, schemes other display of the progress and results of the investigative or judicial action shall be attached to the protocol. Each application shall contain the explanatory inscription with the designation of the name, location, date of the investigative or judicial action, for which the application is related to. This note is certified by the signatures of the procurator, interrogating officer or investigator and, where appropriate, by the identifying witness during the pre-trial investigation, and in the court – by the presiding judge and court session secretary.

Article 124. Examination of evidence

      Evidence collected in the case shall be subject to the full and objective investigation. The investigation includes an analysis of the evidence obtained, its comparison with other evidence, gathering additional evidence for their verification, checking the sources of evidence.

Article 125. Evaluation of evidence

      1. Each piece of evidence must be assessed in terms of relevance, admissibility, reliability, and all the evidence collected together – for sufficiency to resolve the criminal case.
      2. In accordance with Article 25 of this Code, the judge, procurator, investigator, interrogating officer shall assess the evidence according to their inner conviction, based on a comprehensive, complete and objective examination of evidence in their totality, guided by the law and conscience.
      3. The evidence shall be recognized to be relevant to the case, if it is the actual data that confirm or refute or cast doubt the findings on the existence of the circumstances, relevant to the case.
      4. The evidence shall be recognized as admissible, if it is obtained in the manner prescribed by this Code.
      5. The evidence shall be recognized as valid, if during the check it turns out that it corresponds to reality.
      6. The totality of evidence shall be recognized sufficient to resolve the criminal case, if the relevant to the case valid and reliable evidence, conclusively establishing the truth of all and each of the circumstances, subject to proof, is collected.

Article 126. Scientific and technological means in the
process of proof

      1. Scientific and technological means can be used by the body, conducting the criminal proceedings in the process of proof in a criminal case, as well as by experts and specialists in the performance of their procedural duties, stipulated by this Code.
      2. The specialist may be involved by the body, conducting the criminal proceedings to assist in using of scientific and technological means.
      3. The application of scientific and technological means shall be recognized valid if they:
      1) expressly authorized by law or not contrary to its rules and principles;
      2) are scientific;
      3) ensure the effectiveness of the criminal proceedings;
      4) are safe.
      4. The use of scientific and technological means by the body, conducting the criminal proceedings, shall be recorded in the protocols of the relevant procedural actions and in the protocol of the court session with details of scientific and technical means, conditions and procedures for their use, objects to which these means are used, and the results of their use.

Article 127. Prejudice

      1. A valid sentence, as well as other decision of the court in a criminal case, solving it on merits, shall be binding for all state bodies, individuals and legal entities in respect of both the established circumstances and their legal assessment in relation to a person, which they are issued. This provision shall not preclude verification, cancellation and change of the sentence or other court decisions in the cassation and supervision instances, and on newly discovered circumstances.
      2. A valid court decision in a civil case shall be binding for the body, conducting the criminal process in the pre-trial investigation or in a criminal case only on the question of whether there has been an event or action, and should not prejudge the conclusions about the guilt or innocence of the defendant.
      3. A valid sentence, which recognizes the right to satisfaction of the claim, shall be binding in this part for the court in consideration of the civil case.
      4. Resolution of the criminal prosecution body shall not be binding for the court, except the decision to terminate the criminal prosecution on the same suspicion.

Section 4. Measures of procedural compulsion

Chapter 17. Detention of the suspected

Article 128. Grounds for detention

      1. Detention of the suspected in committing a criminal offence is a measure of procedural compulsion, applied by the criminal prosecution body to suppress crime and permit the application of a preventive measure in the form of detention in custody or to secure the production of criminal infraction, for which there is a reason to believe that person may escape or commit a more serious offence.
      2. An official of the criminal prosecution body shall have the right to detain a person, suspected of committing a crime for which a sentence of imprisonment can be assigned, if there are one the following grounds:
      1) when the person is caught during the commission of the crime or immediately after its commission;
      2) when eye-witnesses (witnesses), including the victims, directly point out the person committed the crime or detain that person in the manner prescribed in Article 130 of this Code;
      3) when clear evidence of a crime will be found in that person or his (her) clothes with him (her) or in his (her) home;
      4) when in the received in accordance with the law materials of operatively-search activity and (or) undercover investigative actions against a person there is good evidence about the crime committed or planned by them.
      3. The detention of persons suspected of committing a crime shall be made after the necessary urgent investigative actions, except for the ground, provided for in paragraph 1) of the second part of this Article.
      4. If there are other grounds for suspecting a person in committing a criminal offence, he (she) may be detained only if this person tried to escape or when he (she) does not have a permanent residence or identity of the suspected is not established, or the application on sanctioning the preventive measure in the form of detention in custody is directed to the court.
      5. The period of detention of the person, suspected of committing a criminal offence, shall be counted from the moment of actual detention and cannot exceed seventy-two hours.

Article 129. Conveyance

      1. Conveyance is a measure of procedural compulsion, applied for a period of not more than three hours in order to elucidate the involvement of the person to a criminal offence.
      2. Upon confirmation of the involvement of a person to a criminal offence, the criminal prosecution body shall have the right to carry out a detention in the manner provided in Article 131 of this Code, and the time of conveyance is included in the total period of detention, provided in the fourth part of Article 131 of this Code.
      3. At the end of the period for convey, the person shall be immediately issued a certificate of conveyance, except the cases of his (her) subsequent procedural detention.

Article 130. The right of citizens to non-procedural detention
of persons, who committed a criminal offence

      1. The victim, as well as any other citizen shall have the right to detain a person, who committed a criminal offence, and to restrict his (her) freedom of movement for the transmission or conveyance to the criminal prosecution body or other public authority in order to prevent him (her) from committing other assaults.
      2. In the cases, specified in part one of this Article, a detained person in providing resistance may be applied within the limits provided for in Article 33 of the Criminal Code of the Republic of Kazakhstan, the physical force and other means. If there is reason to believe that the detained person has weapons or other dangerous objects relevant to the criminal case, the citizen detained him (her) shall have the right to inspect the clothes and remove the objects he (she) has for transfer to law enforcement or other public authority.

Article 131. The order for procedural detention of a person,
suspected of committing a criminal offence

      1. When detaining a person on suspicion of committing a criminal offence, an official of the criminal prosecution body verbally announces to the person on suspicion of committing what criminal offence he (she) is detained, explain him (her) the right to invite the defense counsel, the right to remain silent and that everything what he (she) said can be used against him (her) in court.
      If the detained person does not speak Kazakh and (or) Russian languages ??or cannot at the moment of detention due to alcohol, drug, toxic intoxication or painful psychosomatic condition adequately perceive an explanation of his (her) rights, the rights of the suspected shall be explained to him (her), respectively, in the presence of an interpreter (if necessary) and (or) the defense counsel prior to being interrogated as a suspected, as is noted in the protocol of the interrogation.
      2. In the period, specified in the first part of Article 129 of this Code, an official of the body of inquiry, the interrogating officer, the investigator shall make a protocol of detention. When the suspected makes a corresponding application, it shall be subject to examination by a doctor to determine the general state of his (her) health and physical injuries.
      The protocol of detention shall contain the following information:
      1) surname, first name, patronymic (if available) of the suspected;
      2) who detained the suspected, the grounds, motives, the place of detention, the time of actual detention and conveyance (indicating hours and minutes);
      3) information on the clarification of the rights of the suspected;
      4) the results of personal search;
      5) information on the state of health of the detained person;
      6) the time and place of the protocol.
      The protocol shall be signed by an official, composed it, the suspected and the defense counsel (if he (she) participated).
      The protocol shall be attached by a conclusion of medical examination in the case of its conducting.
      3. The person, performing the pre-trial investigation shall inform in writing the procurator about the detention within twelve hours from the moment of making the protocol of detention.
      4. The suspected without a court order may be detained for a period of not more than seventy-two hours.
      Footnote. Article 131, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 132. Personal search of the detained person

      The person, performing the detention, shall have the right to in compliance with the rules, provided for in Article 255 of this Code, immediately make a personal search of the detained person in cases where there is reason to believe that he (she) carries weapons or items that can be used as a weapon or prohibited for circulation, and other items that can be used in proving, or he (she) tries to get rid of the evidence, incriminating him (her) of committing a criminal offence, or in other necessary cases.

Article 133. Grounds for release of a person, detained on
suspicion of committing a criminal offence

      1. A person, detained on suspicion of committing a criminal offence, shall be released by resolution of the person carrying out the pre-trial investigation or the procurator, if:
      1) the suspicion of committing a criminal offence is not confirmed;
      2) there is no reason to apply to a detained person a preventive measure in the form of detention in custody or punishment in the form of arrest or deportation from the Republic of Kazakhstan;
      3) the detention is carried out with a material breach of the requirements of Article 131 of this Code;
      4) there are not legal grounds for detention.
      2. If, within seventy-two hours of the actual detention, the head of the place of detention does not receive a court order on sanctioning of the detention in custody of the suspected, the head of the place of detention shall immediately release him (her) by its decision and notify the person dealing with the case, and the procurator.
      3. If failure to meet the requirements of the second part of this article, the head of the administration of the place of detention shall be liable according to law.
      4. With the release of the detained person, he (she) is issued a certificate, which indicates who detained him (her), the grounds, the place and time of detention, conveyance, the grounds and time of release.
      5. In the cases, provided for in paragraphs 3) and 4) of the first part of this article, the data obtained as a result of investigative actions, conducted with the participation of the detained person in the course or after the illegal detention, shall be declared inadmissible as evidence.

Article 134. The order of detention in custody of the detained
on suspicion of committing a criminal offence

      The persons, detained on suspicion of committing a criminal offence shall be in temporary detention facilities. Military personnel and persons serving a sentence of imprisonment, detained on suspicion of committing a criminal offence may also be contained respectively in the guardhouse and institutions of the penal system, executing a sentence of imprisonment. In the cases, provided for in paragraph 9) of the second and third part of Article 61 of this Code, the persons, detained on suspicion of committing a criminal offence shall be contained in specially adapted premises, defined by the head of the body of inquiry. Under the conditions of the state of emergency the persons, detained on suspicion of committing a criminal offence may be held in facilities, designed for the purpose determined by the commandant of the area. The procedure and conditions of detention of persons, detained on suspicion of committing a criminal offence shall be defined by the legislation of the Republic of Kazakhstan.

Article 135. Notification of relatives of the
suspected about the detention

      A person, performing pre-trial investigation shall promptly notify about the detention of the suspected and his (her) location any of the adult members of his (her) family, and in the absence of them - other relatives or close persons, or provide an opportunity of such notification to the suspected. About the detention of a foreigner immediately, and in case of failure within twenty-four hours the embassy, ??consulate or other representative of the State through the Ministry of Foreign Affairs of the Republic of Kazakhstan must be notified according to the procedure established by joint order of the Minister of Foreign Affairs of the Republic of Kazakhstan and the Procurator General of the Republic of Kazakhstan.

Chapter 18. Preventive measures

Article 136. Grounds for application of preventive measures

      1. If there are sufficient grounds to believe that the suspected, the accused would hide from criminal prosecution bodies or court, or prevent the objective investigation of the case or proceeding in court, or will continue to engage in criminal activity, as well as to ensure the execution of the sentence, the body conducting the criminal proceedings within its powers may apply to these persons one of the preventive measures, provided for in Article 137 of this Code.
      2. The persons, suspected or accused of committing crimes, stipulated in Articles 99 (paragraph 15) of the second part), 170 (fourth part), 175, 177, 178, 184, 255 (fourth part), 263 (fifth part), 286 (fourth part), 297 (fourth part), 298 (fourth part), 299 (fourth part) of the Criminal Code of the Republic of Kazakhstan, may be applied the detention in custody as a preventive measure on the grounds of the seriousness of the offence committed.

Article 137. Preventive measures and additional restrictions

      1. The preventive measures are:
      1) recognizance not to leave and good behaviour;
      2) a personal suretyship;
      3) placing a serviceman under the supervision of the commander of a military unit;
      4) returning a minor under supervision;
      5) a bail;
      6) house arrest;
      7) detention in custody.
      2. If necessary, in relation to the person to whom the preventive measure is applied, except for placing a serviceman under the supervision of the commander of the military unit and the detention, can be applied electronic means of tracking.
      A notice on the application of electronic means of tracking and explaining the suspected, the accused their appointment shall be made in the decision on the application of preventive measures.
      3. The use of electronic means of tracking is permitted under the condition of taking measures to conceal them from observing others and should take into account the places visited by the suspected, the accused, and ways of their moving, as well as the age, health, marital status and lifestyle.
      4. The procedure, conditions and grounds for using electronic tracking shall be determined by the Government of the Republic of Kazakhstan.

Article 138. Circumstances to be considered when selecting
a preventive measure and establishing additional restrictions

      1. When deciding on the necessity of the application of the preventive measure, and which one, in addition to the grounds referred to in article 136 of this Code, as well as establishing additional restrictions, specified in the second part of Article 137 of this Code the severity of the offence committed, the identity of the suspected, the accused, his (her) age, health, marital status, occupation, property status, the presence of permanent residence and other circumstances shall also be take into account.
      2. In the absence of the grounds, listed in Article 136 of this Code, the severity of the offence cannot be the sole basis for a preventive measure in the form of detention in custody.

Article 139. The use of a preventive measure prior to the
decision on qualification of the acts of the suspected

      1. In exceptional cases, if there are grounds provided for in Article 136, and under the circumstances, specified in Article 138 of this Code, a preventive measure may be applied to the suspected prior to the decision on the qualification of the acts of the suspected. In this case, the decision on the qualification of the acts of the suspected shall be announced no later than ten days, and in the case of committing at least one of the offences, provided for in Articles 173, 179, 181, 184, 255 - 268 and 272 of the Criminal Code of the Republic of Kazakhstan, not later than thirty days from the date of application of a preventive measure, and if the suspected is arrested and then detained in custody for the same period from the time of detention. If during this time the decision on the qualification of the acts of the suspected will not be made and announced, the preventive measure shall be immediately cancelled.
      2. At the announcement to the suspected of the decision on the qualification of his (her) act, the application to him (her) of the detention in custody as a preventive measure shall be reconsidered by the court in accordance with the procedure, provided for in Article 147 of this Code. If within twenty-four hours before the expiration of the period, specified in the first part of this article, the head of the place of detention does not receive a court order on sanctioning the detention in custody of the suspected, the head of the place of detention must notify the body or person dealing with the criminal case, and the procurator. If at the end of the period, specified in the first part of this article, the corresponding decision to cancel the preventive measure or on sanctioning by a court of the detention in custody of the accused is not received, the head of the place of detention shall release him (her) by his (her) decision, a copy of which within twenty-four hours directs to the body or person, dealing with the criminal case, and the procurator.
      3. If failure to meet the requirements of the second part of this article the head of administration of the place of detention shall be liable according to law.

Article 140. The order of application of preventive measures

      1. The suspected, the accused may not be applied simultaneously two or more preventive measures.
      2. The body conducting the criminal proceedings shall issue a decision on the application of a preventive measure, containing a reference to a criminal offence, for which a person is suspected and accused, and the grounds for the application of this measure. Copy of the decision shall be given to the person against whom it is made, and at the same time he (she) shall be explained the order of appeal against the decision on the application of the preventive measure, provided for in this Code.
      A preventive measure shall be applied to the suspected only after the decision on the qualification of his (her) acts, except in cases, provided for in Article 139 of this Code.
      3. In the application of a preventive measure, not related to the detention in custody, the suspected, the accused or defendant may be assigned one or more of the following duties to ensure good behaviour:
      1) come to the person, conducting the pre-trial investigation, the procurator or the court at the scheduled time;
      2) not to leave permanent or temporary residence without the permission of the body, conducting the criminal proceedings;
      3) inform the person, conducting the criminal proceedings, the procurator on changing the place of residence, place of work;
      4) not to communicate with certain persons and go to certain places;
      5) undergo a course of treatment for drug or alcohol addiction;
      6) wear electronic means of tracking.
      4. In the case of committing by the suspected, accused of actions that violated the measures provided for in Articles 141, 142, 143, 144, 145 and 146 of this Code, they shall be applied more stringent preventive measure, as the suspected, the accused shall be announced at the presentation of a copy of the relevant decision. In case of violation of the measures of procedural coercion, provided for in Articles 156 and 165 of this Code, a preventive measure shall be elected to the suspected, the accused.

Article 141. Recognizance not to leave and good behaviour

      Recognizance not to leave and good behaviour is taking from the suspected, the accused by the body, conducting the criminal proceedings, a written undertaking not to leave permanent or temporary place of residence (town) without permission of the interrogating officer, the investigator or the court, not to interfere with the investigation and hearing in court, coming at the appointed time to the body, conducting the criminal proceedings.

Article 142. Personal suretyship

      1. Personal suretyship is assumption by trustworthy persons a written undertaking that they vouch for the good behaviour of the suspected, the accused and their appearance on call of the body, conducting criminal proceedings. The number of guarantors cannot be less than two.
      2. Selection as a preventive measure a personal suretyship shall be valid only upon written request of the guarantor and with the consent of the person against whom the suretyship is given.
      3. Guarantor provides a recognizance on a personal suretyship, in which he (she) confirms that he (she) is explained the nature of the suspicions of the person against whom he (she) gives suretyship, guarantor’s responsibility, which consists in the imposition of a monetary penalty in the case of committing by the suspected, the accused of actions, to prevent which this preventive measure is used.
      4. Guarantor at any time of the criminal proceedings shall have the right to refuse suretyship. In this case, within forty-eight hours after the refusal, another preventive measure shall be elected to the suspected, the accused, with regard to the requirements of the first part of Article 136 of this Code.
      5. In the case of committing by the suspected, the accused of actions for the prevention of which a personal suretyship is applied, each guarantor may be imposed by the court a monetary penalty in the manner provided in Article 160 of this Code.

Article 143. Supervision of the command of the military
unit over a serviceman

      1. Supervision of the command of the military unit over the suspected, the accused, that is a serviceman or liable for military service called out for training, shall be taking measures, provided by the Charters of the Armed Forces, other troops and military formations of the Republic of Kazakhstan and capable of ensuring the good behaviour of that person and his (her) appearance on call the body, conducting the criminal proceedings.
      2. The command of military units shall be reported on the essence of suspicion, for which this preventive measure is selected. The body, selected the preventive measure shall notify on establishing supervision of the command of the military unit.
      3. In the case of committing by the suspected, the accused of actions for the prevention of which this preventive measure is selected, the command of the military unit shall immediately inform the body, selected this preventive measure.
      4. Persons, guilty of non-fulfillment of their oversight responsibilities, shall be disciplinarily liable under the legislation.
      5. During the term of this preventive measure it is not allowed to involve the suspected, the accused to combat duty, carrying out combat or guard duty, service in the post detail or daily detail of the units (divisions).

Article 144. Return of a minor under the supervision

      1. The return of a minor under the supervision of parents, guardians, care-givers or other credible persons, as well as administration of the organization, carried out in accordance with the law the functions to protect the rights of the child, where he (she) stayed, shall be the assumption by any of the above persons a writing undertaking to ensure the good behaviour of the minor and his (her) appearance on call of the body, conducting criminal proceedings, including the restriction of his (her) staying outside the house and avoiding travel to other localities without the permission of the body, conducting criminal proceedings.
      2. The return of a minor under the supervision of parents and other persons shall be possible only upon written request.
      3. When taking the recognizance on acceptance under the supervision, the parents, guardians, care-givers, administration of the organizations, carried out in accordance with the law the functions to protect the rights of the child, shall be notified of the nature of the criminal offence, for which the minor is suspected, and on their responsibilities in case of violation of the assumed responsibilities for supervision.
      4. The persons, for whom the minor is placed under the supervision, in case of non-fulfillment of the assumed obligation may be imposed a monetary penalty in the manner provided in Article 160 of this Code.

Article 145. Bail

      1. A bail is bringing by the suspected, the accused or other person to deposit of the court money for ensuring the obligations of the suspected, the accused to appear to the person, conducting the pre-trial investigation, the procurator or the court at their call. Other values, movable and immovable property, which are arrested, shall be taken as a bail. Proving the value of the bail and the lack of charges shall be borne to the bailor. A bail shall not be applied to persons, suspected of committing very serious crimes, as well as in the cases specified in paragraph nine of Article 148 of this Code.
      2. The bail shall be applied only by the sanction of the procurator or the decision of the court, the investigating judge.
      3. The amount of bail shall be determined by taking into account the gravity of the suspicion, identity of the suspected and the accused, the nature of the offence, property of the bailor and cannot be less than: fiftyfold monthly calculation indices - in suspicion of committing a minor offence; one hundred fiftyfold monthly calculation indices - in suspicion of committing a careless crime of medium gravity; two hundred fiftyfold monthly calculation indices - in suspicion of committing an intentional crime of medium gravity; five hundred fold of monthly calculation indices - in suspicion of committing a serious crime.
      In exceptional cases, the amount of bail can be applied below the lower size or other property equivalent to that amount can be taken in respect of:
      1) persons with dependent minor children, elderly parents, relatives with disabilities, as well as being guardians and care-givers;
      2) persons who do not have regular source of income;
      3) persons, belonging to vulnerable groups, as well as receiving various types of social assistance from the budget;
      4) minors and persons of retirement age.
      4. The suspected, accused or the defendant who are not detained in custody, or other person not later than five days after selection, application of a preventive measure in the form of bail shall contribute funds to the appropriate account and submit supporting documents to the person, conducting the pre-trial investigation, the procurator and the court.
      5. When providing other values, movable and immovable property as a bail, a bailor shall within the same period provide them to the body, conducting the criminal proceedings, with the title documents.
      In the case of application of the preventive measure in the form of bail to the suspected, detained in the manner provided in Article 128 of this Code, the investigating judge before the actual bail shall apply the preventive measure in the form of detention in custody or house arrest in the manner prescribed by the seventh part of Article 148 of this Code.
      When replacing by bail the earlier preventive measure in the form of detention in custody or house arrest, the suspected, the accused shall be released from custody only after the actual bail. If by this time periods of detention in custody under this Code are expired, they shall be extended until the bail.
      6. When the application of the preventive measure in the form of bail to the suspected, the accused, they shall be informed of their duties and the consequences of their non-fulfillment, and the bailor other than the accused, the suspected - in the commission of what criminal offence the person is suspected and accused, the statutory penalty for the offence, the duties for ensuring good behaviour of the suspected, the accused and their appearing on call, as well as the consequences of failure of these duties.
      7. The protocol on the adoption of bail shall be drawn up, it is noted that the suspected, the accused are explained the duties to appear on a call, and the bailor is warned that in case of failure of the suspected, the accused to appear on call the bail shall be transferred to the public revenue. The protocol shall be signed by the official who chose this preventive measure, the suspected, the accused, as well as by the bailor, when he (she) is the other person. The protocol and document of the bail in deposit of the court shall be attached to the case file, and a copy of the protocol shall be given to the bailor.
      8. In the case of a bail, according to the decision of the investigating judge, made in the manner prescribed by part eight of Article 148 of this Code, in respect of the person to whom the preventive measure in the form of detention in custody is applied, the head of the places of detention shall explain to the suspected, the accused duties on bail and the consequences of their failure to perform.
      9. The subject of bail shall be immediately returned to the bailor, if the suspected, the accused does not violate their assigned duties, but in respect of the suspected, the accused a more stringent preventive measure is applied, the sentence or decision for the termination of the criminal proceedings is issued.
      In cases, if bailors are the suspected, the accused, the court, in considering the question of the fate of the bail in the presence of a civil claim, procedural costs and the need for other property penalties may, at the request of the procurator decide to foreclose on the bail or a part thereof.
      Foreclosure on the bail, made ??by the bailor, who is not the suspected, the accused, may be made only with his (her) consent.
      10. In the case of a written request of the person, who made a bail for the suspected, the accused that he (she) is unable in the future to enforce duties of the suspected, the accused to appear in the body, conducting the criminal proceedings, the bail shall be immediately returned if the suspected or the accused does not violate these duties.
      When making the sentence or decision, finally resolving a criminal case, respectively, the court or criminal prosecution body simultaneously decides the fate of the bail.
      11. In case of failure without good reason to perform by the suspected, the accused of duties, secured by the bail, the procurator shall send to the investigating judge a request for transferring the bail in favor of the state.
      The Court shall take appropriate decision, which may be appealed by the bailor to a higher court, in the manner, provided in Article 107 of this Code.
      12. Upon return of the bail, the bailor shall pay the amount, spent on the preservation of the bail.
      13. Procedure for acceptance, storage, sale and transferring the bail in favor of the state shall be determined by the Government of the Republic of Kazakhstan.
      Footnote. Article 145, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 146. House arrest

      1. House arrest is isolation of the suspected, the accused of society without their detention in custody, but with the use of restrictions set by the judge on the grounds and in the manner provided for in Article 147 of this Code.
      2. In the application of house arrest, one or more restrictions may be applied in respect of the suspected, accused, defendant:
      1) the prohibition of leaving the home completely or at certain times;
      2) the prohibition of telephone calls, sending correspondence and the use of means of communication, except as provided for in paragraph 5) of this part;
      3) the prohibition of communication with certain individuals and accepting anyone at home;
      4) the use of electronic means of control and the obligation to carry these means with them;
      5) the obligation to respond to control telephone calls or other control signals, call by phone or personally appear at a certain time in the body of inquiry or other body that supervise the behaviour of the suspected, accused or defendant;
      6) establishment of surveillance over the suspected, accused or their homes, as well as the protection of their homes or premises allotted by them as a dwelling;
      7) other measures, ensuring the good behaviour and the isolation of the suspected, the accused from society.
      If necessary, the behaviour of the suspected, the accused shall be under supervision.
      In supervising the compliance of the arrested with the established restrictions for leaving home, the body conducting the criminal proceedings shall have the right at any time to check his (her) presence in the location. Check is performed no more than twice a day and no more than once during the night. Staying of an official in the house of the arrested shall be allowed with the consent of that person and the persons, living together with him (her), and shall not exceed thirty minutes.
      3. The decision of the court on house arrest shall set the specific restrictions, applied to the suspected, the accused, as well as it is also indicated the body or official, exercising supervision.
      4. The period of house arrest, the order of its extension shall be defined by the rules, laid down in Articles 151 and 547 - 551 of this Code.
      5. The order of execution of a preventive measure in the form of house arrest shall be determined by joint order of the state bodies, authorized to carry out pre-trial investigation.

Article 147. Detention in custody

      1. Detention in custody shall be applied as a preventive measure only with the approval of the judge and only in relation to the suspected, the accused, the defendant of committing a crime for which the law prescribes a penalty of imprisonment for a term not less than five years. In exceptional cases, this preventive measure may be applied to a person, suspected, accused, defendant of committing a crime for which the law prescribes a penalty of imprisonment for a term of at less five years, if:
      1) he (she) does not have permanent residence in the territory of the Republic of Kazakhstan;
      2) the person is not identified;
      3) he (she) violated the previous preventive measure or a measure of procedural coercion;
      4) he (she) tried to escape or escaped from the criminal prosecution bodies or the court;
      5) he (she) is suspected of committing a crime in an organized group or criminal community (criminal organization);
      6) he (she) has been convicted previously for a serious or particularly serious crime;
      7) there is evidence of continuing his (her) criminal activities.
      2. If necessary to choose detention in custody as a preventive measure, the person, conducting the pre-trial investigation, in accordance with Article 140 of this Code shall make a decision to submit an application to the court for sanctioning the use of this measure. The decision shall be attached by certified copies of the criminal case, confirming the validity of the application.
      The decision on the selection of this preventive measure, application of the court on sanctioning its use with all attached materials must be submitted to the procurator not later than eighteen hours before the expiration of the period of detention.
      3. When deciding on the maintenance of the application of the person, conducting the pre-trial investigation, on sanctioning the detention in custody of the suspected, the procurator shall examine all materials, containing the grounds for detention in custody, and shall have the right to interrogate the suspected or the accused. The procurator, after reviewing all submitted materials, shall take one of the following decisions:
      1) on the maintenance of the application and sending the materials to the court for the decision of the sanctioning the preventive measure;
      2) on refusal to maintain the application and release of the suspected from custody due to lack of grounds for the application of preventive measure in the form of detention in custody;
      3) on refusal to maintain the application and release of the suspected due to failure to confirm of the suspicions of a crime.
      In the case of maintenance of the application for sanctioning the preventive measure in the form of detention in custody the procurator agrees with the decision of the criminal prosecution body. In case of refusal, the procurator issues a reasoned decision. The procurator shall have the right to send the application on sanctioning the preventive measure to the investigating judge.
      The decision on refusal to maintain the application on sanctioning the detention in custody and release from custody of the suspected shall be sent to the interested parties. The specified decision may be appealed by the person, conducting the pre-trial investigation to a higher procurator or by participants to the proceedings, defending their or representing rights and interests, in the manner provided in Article 106 of this Code.
      4. The decision of the person, conducting pre-trial investigation, agreed with the procurator on submission of an application for sanctioning the detention in custody, as well as the materials, confirming its validity must be submitted to the investigating judge no later than twelve hours before the expiration of the period of detention in custody, and the persons concerned shall be notified about it.
      Footnote. Article 147, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 148. Consideration by the investigating judge of
applications for sanctioning of the preventive measure in
the form of detention in custody

      1. The right to sanctioning of the detention in custody belongs to the investigating judge of the district and equivalent court, and in the cases provided for in paragraphs 2) and 3) of the seventh part of article 107 of this Code – to the judges of the regional and equivalent court.
      2. The investigating judge in compliance with the procedure, defined by Article 56 of this Code, no later than eight hours of the submission of materials to the court with the participation of the procurator, the suspected, the accused, his (her) defense counsel shall consider the application for sanctioning of the preventive measure in the form of detention in custody. The legal representative and representative may also participate at the court session. Absence of these participants to the proceedings in the event of their timely notice by the court of the place and time of the court session shall not preclude the court session.
      A protocol shall be kept during the court session.
      3. When dealing with issues, related to the sanctioning of the detention in custody, the investigating judge is limited to study the case materials, relating to the circumstances taking into account when selecting the specified preventive measures.
      If necessary, the judge shall have the right to request a criminal case.
      4. Consideration by the investigating judge of an application for sanctioning of the preventive measure in the form of detention in custody in the absence of the suspected, the accused shall be allowed only in cases of their ads in the search or location outside the Republic of Kazakhstan and evasion to appear in the body, conducting the criminal proceedings, with proper notice of the time and place of the court session. In the case of detention, the suspected, the accused shall be convoyed to the investigating judge to review the reasonableness of the use of the selected preventive measure.
      5. At the beginning of the session, the investigating judge announces what application should be considered, clarifies for those who appeared at the session their rights and responsibilities. The procurator then justifies the need for selection as a preventive measure of the detention in custody of the suspected, and then the suspected, the accused and others who come to the court session shall be heard.
      The suspected, the accused, as well as in their interest defense counsel during consideration of the procurator’s request is entitled to make a request on the application of the preventive measure in the form of house arrest or bail.
      6. In the case when the investigating judge makes a decision to refuse the sanctioning of house arrest, use of the bail, the procurator may appeal against it according to the rules, established by Article 107 of this Code.
      7. Upon consideration of the application for sanctioning of the preventive measure in the form of detention in custody of the suspected and the accused, the investigating judge shall issue a decision to sanctioning or refuse to sanction the detention in custody. The investigating judge, finding no sufficient grounds to sanction the detention in custody for a period of two months, shall have the right to sanction the detention in custody for up to ten days or the preventive measure in the form of house arrest or use of the bail.
      8. The investigating judge in making the decision on sanctioning of the preventive measure in the form of detention in custody, except in cases of particularly serious crimes, shall determine the amount of bail, sufficient to ensure the execution by the suspected, the accused of obligations under part three of Article 140 of this Code, except in cases provided by part nine of this article.
      The decision of the investigating judge and the court shall specify which obligations provided for in Article 140 of this Code, shall be imposed on the suspected, accused in the case of a bail, the consequences of non-execution, the validity of the selection of the amount of the bail, as well as the possibility of its application.
      The suspected, the accused or other person shall have the right at any time to pay a bail in the amount, specified in the decision of the investigating judge and the court on sanctioning of the preventive measure in the form of detention in custody.
      9. In making by the investigating judge and the court the decision on sanctioning of the preventive measure in the form of detention in custody, the bail shall not be set in the following cases:
      1) suspicion, accusation of the person in committing a crime, resulting in death of the victim;
      2) suspicion, accusation of the person in committing a crime in a criminal group, as well as other terrorist and (or) extremist crimes;
      3) there are reasonable grounds to believe that the suspected, the accused would interfere with the court proceedings or escape from the investigation and trial;
      4) violation of the suspected, the accused the earlier preventive measure in the form of bail.
      10. The decision of the investigating judge shall be immediately handed to the person, against whom it is made, and sent to the person, conducting the pre-trial investigation, the procurator, the victim and the head of the institution of the place of detention, where the suspected, the accused stay, and shall have immediate effect.
      11. The decision on sanctioning of the detention in custody of the suspected, the accused or refuse to do so may be appealed or protested in the manner, provided in Article 107 of this Code.
      12. Consideration by regional or equivalent court of the issue on sanctioning of the detention in custody of the suspected, the accused in the case of cancelling the decision of the judge of district or equivalent court to refuse to sanction of the detention in custody, shall be carried out in accordance with the procedure provided for in Article 107 of this Code.
      13. Repeated appeal to the court with the request to sanction of the preventive measure in the form of detention in custody in respect of the same person for the same criminal case after the issuance by the investigating judge and the court of the decision on refusal of sanctioning of this preventive measure shall be possible only in the event of new circumstances, justifying the detention in custody.
      14. The person, performing the pre-trial investigation, shall notify the relatives of the suspected in the manner prescribed in Article 135 of this Code on the application of detention in custody as a preventive measure.

Article 149. Detention of the suspected, for which detention in
custody is applied as a preventive measure

      The suspected, for which detention in custody is applied as a preventive measure, shall be kept in pre-trial detention. The procedure and conditions of their detention shall be determined by law.

Article 150. Detention of the suspected, accused persons
and defendants, for which detention in custody, in places
of detention is applied as a preventive measure

      1. In cases, where conveyance to the temporary detention center of the suspected, accused, defendant for which detention in custody is applied as a preventive measure, shall not be possible because of distance or lack of the appropriate means of communication, or the need for investigative actions or court proceedings, such persons by decision of the person, conducting pre-trial investigation, approved by the procurator or the investigating judge or court, may detain up to thirty days in temporary detention centers, and military personnel in the guardhouse.
      The procedure and conditions of detention in custody of such persons shall be determined by legislation.
      2. Moving (escorting) of the suspected, accused or defendant, in respect of whom, detention in custody is applied as a preventive measure, from one detention center to another detention center for investigative actions shall be carried out by the decision of the procurator or the decision of the person, conducting pre-trial investigation, approved by the procurator.

Article 151. The periods of detention in custody and
the order of its extension

      1. The period of detention in custody at the pre-trial investigation may not exceed two months, except in exceptional cases, provided for in this Code.
      2. If necessary to extend a brief period of detention in custody, sanctioned by the judge for up to two months, the procurator the day before its expiration makes a corresponding application to the investigating judge with additional materials collected. If it is impossible to complete the investigation within two months and in the absence of grounds to change or cancel a preventive measure, this period may be extended by a reasoned request of the person, conducting pre-trial investigation, agreed with the district (city) and equivalent procurator - the investigating judge - to three months, and in case of failure to complete the investigation within three months and, if necessary the further detention of the suspected, the accused in custody under the reasoned request of the person, conducting pre-trial investigation, agreed with the procurator of the region and equivalent procurators and their deputies - the investigating judge - to nine months.
      3. Extension of detention in custody for more than nine months, but not more than twelve months can be carried out by the investigating judge of the district and equivalent court only because of the special complexity of the case in respect of persons, suspected of committing a particularly serious crime under the reasoned request of the head of the investigation department or the procurator, who takes a criminal case to its production, or the head of the investigative, the investigation and operational group, agreed with the procurator of the region and equivalent procurators.
      4. Extension of detention in custody for more than twelve months, but not more than eighteen months shall be allowed in exceptional cases against the persons, suspected of committing particularly serious crimes, crimes in a criminal group, as well as other terrorist and (or) extremist crimes by the investigating judge of the district and equivalent court under the reasoned request of the head of the investigative unit of the central apparatus of the criminal prosecution body or the procurator, who takes a criminal case to its production, the head of the investigative, the investigation and operational group, approved by the regional procurator and equivalent procurator and agreed with the Procurator General of the Republic of Kazakhstan, his (her) deputies.
      5. A further extension of detention in custody shall not be allowed, and the suspected, the accused, detained in custody shall be released immediately.
      6. The application for extension of the period of detention in custody for up to three months is represented to approval of the district (city) procurator and other equivalent procurators no later than ten days before the expiration of the period of detention in custody and examined by the procurator in a period of not more than three days from the date of its receipt.
      7. The application for an extension of detention in custody for more than three months must be submitted to the procurator for approval not later than fifteen days prior to the expiration of the period of detention in custody and examined by the procurator in a period of not more than five days from the date of its receipt.
      8. The application for an extension of the detention in custody for more than twelve months shall be submitted to the procurator for approval not later than twenty days prior to the expiration of the period of detention in custody and shall be considered in a period of not more than five days from the date of its receipt.
      9. After considering of the application for an extension of the detention in custody, the procurator shall agree the decision of the person, conducting the pre-trial investigation, and immediately send it with the case materials, confirming the validity of the extension of the period of detention in custody to the relevant court or reasonably withhold consent. In the case, if the procurator does not support the application for an extension of the detention in custody, the suspected and the accused shall be released immediately after the expiration of the period of detention in custody.
      10. The application for an extension of the period of detention in custody for up to three months is represented to the court no later than seven days prior to the expiration of the period of detention in custody, on extension of the period for detention in custody for more than three months - not later than ten days, on the extension of the period of detention in custody for more than twelve months - not later than fifteen days.
      11. The application for sanctioning of the period of detention of the suspected in custody during the familiarization with the materials of the criminal case shall be submitted to the procurator for approval not later than five days before the expiration of the period of detention in custody and examined by the procurator not more than one day from the date of receipt.
      After considering of the application for sanctioning of the period of detention of the suspected in custody during the familiarization with the materials of the criminal case, the procurator shall agree the decision of the person, conducting pre-trial investigation, and immediately send it with the criminal case materials, confirming the need to sanction the detention in custody, to the investigating judge of the district or equivalent court by the place of end of the pre-trial investigation. In the case, if the procurator does not support the application on sanctioning of the period of detention of the suspected in custody, he (she) shall be released immediately from custody.
      12. The application for sanctioning of the period of detention of the suspected in custody during the familiarization with the materials of the criminal case shall be submitted to the investigating judge no later than three days prior to the expiration of the period of detention.

Article 152. Consideration by the investigating judge of
an application to extend the detention in custody and
the calculation of time periods

      1. An application for an extension of detention in custody is subject to review by the investigating judge alone. The procurator must participate at the court session. The defense counsel, legal representative of the suspected, the victim, his (her) legal representative and the representative may also participate, and their failure to appear at a timely notice of the consideration of the application shall not prevent their judicial review.
      The Court may consider necessary to participate in the consideration of the extension of detention in custody of a person, for which the application is presented, and impose the body, conducting the investigation, his (her) conveyance to the court session.
      The person, on the extension of detention in custody of which the procurator requests, shall have the right to participate at the court session, in this case, the court may impose on the body, conducting the investigation, his (her) conveyance to the court session.
      2. At the beginning of the session, the investigating judge announces which application should be considered, explains those who come their rights and responsibilities, and then, after hearing the arguments of the parties on the application filed for the necessity of non-changing of the preventive measure in the form of detention custody, shall make one of the following decisions on:
      1) satisfaction of the application for an extension of the detention in the custody of the suspected, accused;
      2) refusal to satisfy the application for an extension of the detention in custody of the suspected, the accused and the cancellation or changing of the preventive measure to a less strict and their release from prison.
      3. The application for an extension of detention in custody shall be considered within a period not more than three days from the date of receipt of the application.
      4. The head of the administration of the place of detention shall, not later than twenty-four hours before the expiration of the period of detention in custody of suspected, the accused notify about it the body or person dealing with the criminal case, as well as the procurator. If at the end of the statutory period of detention in custody, the corresponding decision to release of the suspected, the accused or to extend the period of their detention in custody is not received, the head of the administration of the place of detention shall release them by his (her) decision, a copy of which within twenty-four hours shall send to the body or person, dealing with the criminal case, and the procurator.
      5. If non-compliance with the requirements of the fourth part of this Article, the head of administration of the place of detention shall be liable under the law.
      6. The period of detention in custody shall be calculated from the date of detention of the suspected in custody until the notification of him (her) on the end of the investigative actions and clarification of his (her) right to familiarize with the criminal case. The period of detention in custody includes the time of detention of a person as a suspected, forced stay in a psychiatric or other medical institution by court decision.
      The detention in custody of the suspected in the period of his (her) and the defense counsel familiarization with the criminal case materials shall be sanctioned and extended by the investigating judge in accordance with Articles 148 and 151 of this Code.
      Staying of the suspected in custody during his (her) and the defense counsel familiarization with the criminal case materials shall not be included within the period, established by the first - fourth parts of Article 151 of this Code, but shall be taken into account by the court when sentencing.
      7. The application for sanctioning of the period of detention of the suspected in custody during his (her) and the defense counsel familiarization with the criminal case shall be considered in the manner and time, stipulated in this Article.
      The period of detention of the suspected in custody during the familiarization with the criminal case materials shall be determined by the investigating judge taking into account the volume of the criminal case, the number of persons involved and other circumstances, affecting the time of familiarization with the case.
      8. In case of return by the procurator of the criminal case for further investigation, for which the deadline for the detention of the suspected in custody is not expired, and the grounds for changing the preventive measure is not available, the period of detention in custody under the reasoned request of the procurator may be extended by the investigating judge of the district and equivalent court within one month.
      If the court returns the criminal case to the procurator on the grounds, provided by this Code, in cases where the deadline for detention in custody of the accused is not expired, and the grounds for changing the preventive measure is not available, the same court shall extend the detention in custody within one month from the time of receipt of the case by the procurator.
      9. In the case of repeated detention of the suspected, the accused in custody on the same case, as well as on the criminal case, connected to this or isolated from it, the period of detention in custody shall be calculated taking into account the time, spent in custody.
      10. In the case of extradition to the Republic of Kazakhstan of the person sought by a foreign country, the period of detention in custody shall be calculated from the date of his (her) arrival in the territory of the Republic of Kazakhstan, and the time of detention in custody of a person in the order of extradition arrest in the territory of a foreign country shall be counted to the total period of detention in custody when sentencing.
      11. The procedure for calculating and extension of the detention period of the suspected, the accused, established by this Article shall also apply when cancelling the sentence as a result of production in cassation or supervising instance or on newly discovered evidence against a person, serving a sentence of imprisonment.

Article 153. Cancellation or changing of a preventive measure

      1. A preventive measure shall be canceled when it is no longer necessary or changed to a less or more strict when changing the grounds and the circumstances, provided for in Articles 136 and 138 of this Code.
      2. Cancellation or changing of the preventive measure shall be made ??by the reasoned decision of the body, conducting the criminal proceedings.
      3. The preventive measure, sanctioned and applied by the procurator, chosen by his (her) order during the pre-trial criminal proceedings may be canceled or changed only with the consent of the procurator.
      4. The appeal, protest against the decision of the criminal prosecution body on changing or cancellation of the preventive measure shall be carried out in accordance with Articles 100 - 106 of this Code.
      5. Cancellation or changing of the preventive measure in the form of detention in custody, house arrest of the suspected, the accused, sanctioned by the investigating judge, shall be made based on the reasoned decision of the criminal prosecution body with the consent of the procurator, except in cases, specified in part eight of Article 145 of this Code.
      6. Appeal against the decision on cancellation of the preventive measure in the form of bail, detention in custody or house arrest shall be made in accordance with the procedure, provided for in Article 106 of this Code.

Article 154. The right to the care and supervision
of the property

      1. Minors, as well as disabled persons, remaining as a result of the detention in custody of a parent or a family provider, as well as other activities of the body conducting the criminal proceedings, without the supervision, care and livelihoods, shall have the right to the care that the specified authority is obliged to provide for them at the expense of budgetary funds. Orders of the body, conducting the criminal proceedings, to organize the supervision, care and temporary placement of persons with disabilities in the public social assistance or medical organization shall be binding to the guardianship authority, as well as the heads of these organizations. The body conducting the criminal proceedings may also entrust the care of minors and disabled persons to their relatives with the consent of the latter.
      2. A person, whose property is left unattended as a result of his (her) detention in custody, as well as other activities of the body conducting the criminal proceedings, shall have the right to supervision over his (her) property and animals belonging to him (her), which the specified official shall provide to that person, at his (her) request and at his (her) expense. Orders of the body, conducting the criminal proceedings, to organize supervision over the property of the person and belonging to him (her) animals shall be binding for the relevant state bodies and organizations.
      3. The body conducting the criminal proceedings shall immediately notify the person to whom, detention in custody is applied as a preventive measure, or other interested person of the measures, taken in accordance with this Article.

Chapter 19. Other measures of procedural compulsion

Article 155. Grounds for application of other measures
of procedural compulsion

      1. In order to ensure the prescribed by this Code order of investigation, the court proceedings in criminal cases, the proper execution of the sentence, the body, conducting the criminal proceedings, shall have the right to apply to the suspected, accused, defendant instead of provided for in Chapter 18 of this Code preventive measures or in addition to other measures of procedural compulsion: obligation to appear, conveyance, suspension from office, seizure of property, restraining order.
      2. In the cases, provided for in this Code, the body conducting the criminal proceedings shall be entitled to apply to victim, witness and other persons involved in the case the measures of procedural compulsion: the obligation to appear, conveyance, monetary penalty.

Article 156. Obligation to appear to the person, conducting
the pre-trial investigation and the court

      1. In the absence of the need for preventive measures, if there are sufficient grounds to believe that the suspected, the accused, which is not applied the preventive measure can avoid involvement in the investigative actions or court proceedings, or if their actual non-appearance on a call without good reason, these persons may be taken a written commitment on timely appear on the call of the criminal prosecution body or the court, as in the case of a change of residence they shall immediately report this. When taking the commitment to appear, the suspected or accused is also warned about the consequences of his (her) failure, provided for in fourth part of Article 140 of this Code.
      2. A written commitment to appear to the criminal prosecution body or the court may also be taken from the victim and witness.
      3. In case of failure of obligation to appear, the persons referred to in the first part of this article may be imposed a monetary penalty in the manner provided in Article 160 of this Code, and applied the preventive measure.
      4. In case of failure of obligation to appear, the persons referred to in the second part of this article may be imposed a monetary penalty in the manner provided in Article 160 of this Code.

Article 157. Conveyance

      1. In case of non-appearance on call without good reason, the suspected, accused, defendant, as well as the witness and victim may be convoyed (forced conveying) by the reasoned decision of the person, conducting the pre-trial investigation and the court.
      2. Valid reasons for non-appearance of the person, properly notified on the call, shall be: the disease, preventing the possibility of the person to be, the death of close relatives, natural disasters, other reasons for depriving the person of an opportunity to appear at the appointed time. The suspected, accused, defendant, as well as the witness and victim must notify the body, called them on the existence of valid reasons, preventing the appearance on call at the appointed time.
      3. The decision on conveyance is declared to the suspected, accused, as well as the witness and victim before its execution, as certified by their signature on the decision.
      4. The conveyance cannot be done at night.
      5. Minors under the age of fourteen, and persons who do not attain the age of eighteen, without notice of their legal representative, pregnant women, and patients who for health reasons cannot or should not leave their place of residence, which is certified by doctor, shall not be convoyed.
      6. The decision of the court on conveyance is executed by the officer of justice, the body of internal affairs; the decision of the procurator, interrogating officer, investigator – by the body, conducting the inquiry, preliminary investigation or law enforcement agencies.

Article 158. Suspension from office

      1. During the pre-trial investigation, the investigating judge or during the court proceedings, the court may dismiss the accused, defendant, as well as the suspected after the determination of the qualifications of the acts of the suspected if there is sufficient reason to believe that remaining in this position, he (she) will prevent the investigation and proceedings before the court, compensation of damage caused by the offence or continue to engage in criminal activities related to the stay in this position, in the absence of grounds for the selection of a preventive measure in the form of detention in custody.
      2. If there are circumstances, referred to in the first part of this article, the person conducting the pre-trial investigation, shall issue a decision to submit an application to the court for suspension from office and send it to the procurator.
      The decision shall be attached by the certified copies of the criminal case materials, confirming the need for removal from office.
      3. After considering the submitted materials, the procurator maintains an application or shall issue a reasoned decision on refusal to maintain it. While maintaining the application, the procurator sends an application and copies of the case materials to the court.
      4. An application for sanctioning of suspension from office shall be considered individually by the investigating judge without the participation of the parties within three days from the date of receipt of the application to the court.
      5. After considering the application and submitted case materials, the investigating judge shall issue a decision on sanctioning or refuse to sanction the suspension from office. The decision on sanctioning the suspension from office, or refuse to do so may be appealed or protested in the manner, prescribed in Article 107 of this Code.
      6. The decision on suspension of the suspected, accused, defendant from office shall be sent at his (her) place of work to the head of the organization, which within three days after receiving it, is obliged to execute the decision and notify the person who filed an application on dismissal from office.
      7. The suspended from office suspected, accused, defendant shall have the right to a monthly state allowance of not less than one minimum wage, if they cannot work for another post or do another job for reasons beyond their control.
      8. Cancellation of suspension from office shall be carried by the reasoned decision of the criminal prosecution body with the consent of the procurator or the court during the judicial review of the criminal case, when this measure is no longer necessary.

Article 159. Monetary penalty

      For failure to fulfill procedural obligations, stipulated in Articles 71, 78, 80, 81, 82, 90, 142, 144, 156 and 165 of this Code, and the violation of the order in a court session, the victim, witness, specialist, interpreter and other persons, except for a lawyer, the procurator and the defendant, may be imposed a monetary penalty in the amount and procedure, established by Article 160 of this Code.

Article 160. The order for imposition of a monetary penalty

      1. The monetary penalty shall be imposed by the court in the cases, referred to in Article 159 of this Code.
      2. If the relevant violation is committed during the court session, the penalty shall be imposed by the court in the court session, where the violation is established, and about what the court decision is made.
      3. If the relevant violation is committed during the pre-trial proceedings, the person conducting the pre-trial investigation, or the procurator shall made a protocol on violation, which is sent to the investigating judge, who considers it within a day of receipt of the court. The person to whom may be imposed a monetary penalty is called to the court session. Failure of the offender to appear without good reason shall not preclude the consideration of the protocol.
      4. Upon the results of consideration of the protocol, the judge makes a decision to impose a monetary penalty of up to fifty monthly calculation indices or refuse to impose it. A copy of the decision shall be sent to the person who made the protocol, and the person against whom a monetary penalty is imposed.
      5. While imposing a monetary penalty, the court may postpone or permit the execution by installments of the decision for up to three months.

Article 161. Seizure of property

      1. In order to ensure the execution of the sentence in part of a civil claim, other property penalties or possible confiscation of property, the person conducting the pre-trial investigation, shall take measures for seizure of property.
      If the grounds for securing the civil claim arose at the stage of judicial investigation, the court shall have the right before entry of the sentence in effect to take measures to ensure it.
      In cases of urgency, the person conducting the pre-trial investigation shall have the right with consent of the procurator to set a temporary restriction on disposal of property for a period not exceeding ten days.
      2. Seizure of property is the prohibition, addressed to the owner or possessor of the property, to dispose of, and when necessary, use of the property, or seizure of property and transfer it to the storage.
      3. The procedure for inspection and storage of the property to be confiscated shall be defined in Article 221 of this Code.
      4. It is not allowed to take measures to secure the execution of the sentence in part of the civil claim on seizure of the property of the suspected, accused or the persons legally financially responsible for their actions, who are creditors of financial institutions, obligations of which are subject to restructuring in the cases, provided for by the laws of the Republic of Kazakhstan regulating the activities of financial institutions.
      5. The cost of the property, which is arrested to secure the civil claim, brought by the civil claimant or procurator, may not exceed the amount of the claim.
      6. When determining the share of the property subject to arrest, each of several suspected, accused or responsible for their actions persons, the attributed to the suspected, accused the degree of participation in a criminal offence shall be taken into account, but the arrest to secure the civil claim may be imposed on the property of one of the relevant persons in full, if others do not have property.
      7. Arrest cannot be imposed on the property that are essentials, as well as other items, listed in the legislation.
      8. The arrest may be imposed on the property, located in other persons, if there are sufficient grounds to believe that it is received as a result of the criminal actions of the suspected, accused or used or intended for use as an instrument of criminal offences or for the financing of extremism, terrorism, organized group, illegal military formation, criminal association.
      The property of other persons may be seized in cases when they shall be liable in accordance with the law for damage, caused by the actions of the suspected, accused or defendant.
      9. In cases, where there is reason to believe that the property to be seized, can be hidden or lost, the person conducting the pre-trial investigation shall have the right to issue the decision on suspension of transactions and other operations with property, or it may be seized until the sanction of the court with notification of the procurator and the court within twenty-four hours.

Article 162. The order for seizure of property

      1. If it is necessary to seize the property, the person conducting the pre-trial investigation, shall issue a decision to initiate the application before the court to seize the property of the suspected or the persons, legally financially responsible for their actions.
      The decision shall be attached by the certified copies of the criminal case, confirming the validity of the application.
      The decision shall contain a brief theory of the criminal offence, qualifications, data on the suspected, accused or the person responsible for the damage, caused by criminal offence or the action of the insane, prohibited by the Criminal Code of the Republic of Kazakhstan, in the presence of the claim, the cost of property, which may be seized, its location and conclusions on the need to seizure of property.
      2. The decision of the person, conducting the pre-trial investigation on applying for seizure of property and materials for it, must be presented to the procurator not later than forty-eight hours from the time of defining the property to be seized.
      3. When deciding on maintenance of the application for seizure of property, the procurator shall examine all materials, containing grounds for seizure of property. Within six hours after receipt of the application, the procurator shall decide on maintenance of the application for seizure of property and direction of the decision and relevant materials to the court or on refusal to maintain the application.
      4. In the case of maintenance of the application for sanctioning of the seizure of property, the procurator shall agree the decision of the person conducting the pre-trial investigation, and in the case of refusal, shall issue a reasoned decision.
      5. The decision of the procurator on refusal to maintain the application for seizure of property may be appealed by the person, conducting the pre-trial investigation to a higher procurator or by participants to the proceedings, defending their or representing rights and interests in accordance with Article 105 of this Code.

Article 163. The order for sanctioning of the
seizure of property

      1. The right to sanction the seizure of property is owned by the investigating judge of the district and equivalent court, and in the cases provided for in paragraphs 2) and 3) of the seventh part of article 107 of this Code – by the judges of the regional or equivalent court.
      2. The decision of the person, conducting the pre-trial investigation, on applying for seizure of property, maintained by the procurator shall be considered individually by the investigating judge of the district or equivalent court in the court session, involving the procurator at the place of pre-trial investigation or the place of finding the property of the suspected, the accused within twenty-four hours of receipt of the materials to the court. The defense counsel of the suspected, the accused and the specialist, determining the value of the property may also participate in the court session. Non-appearance of the participants to the proceedings in the case of their timely notice by the court of the place and time of the court session shall not preclude the court session.
      The protocol shall be kept during the court session.
      3. At the beginning of the session, the investigating judge announces the application to be considered, clarifies those who appeared at the court session their rights and responsibilities. The procurator then justifies the need for sanctioning of the seizure of property, and then others who came to the court session shall be heard.
      4. After considering the application for sanctioning of the seizure of property, the investigating judge shall issue the decision on sanctioning or refusal to sanction the seizure of property.
      When deciding on the seizure of property to ensure the possible confiscation of property, the investigating judge shall indicate the factual circumstances that established that the property belongs to the suspected, accused, and used in the commission of a criminal offence or received as a result of its commission.
      If there is credible data that the property is obtained by crime, but the establishment of the property is not possible, the investigating judge shall have the right to seize other property of equivalent value.
      5. The decision to seize the property shall specify the property to be seized, how it is set during the pre-trial proceedings, as well as the value of the property which may be seized to secure a civil claim, the information on the place of storage of the property before making a final decision in the case.
      If necessary, the decision on the seizure of property may be directed to the appropriate body for execution.
      6. The decision of the investigating judge to seize the property shall be immediately sent to the person, conducting the pre-trial investigation, the suspected or the person responsible for the damage caused by criminal offence or the act of the insane prohibited by the Criminal Code of the Republic of Kazakhstan, as well as the procurator, civil claimant, the victim.
      7. The judge’s decision on the seizure of property shall be executed by an enforcement agent.
      8. The enforcement agent pursuant to a court decision on seizure of property shall check the availability of property, make its inventory, warn in writing the persons in possession of which the property is located, on the inadmissibility of its misapplication or committing other acts with the property, or make the act on the absence of property, which can be seized.
      9. A specialist, determining the value of the property may participate in the seizure of property.
      10. The owner or possessor of the property shall have the right to propose which items should be seized in the first place.
      11. The property, which is seized, may be withdrawn or transferred at the discretion of the investigating judge for storage to the representative of the local administration, housing organization, the owner of the property or any other person who should be warned about the responsibility for the safety of property, about what a personal recognizance shall be taken.
      12. In the seizure of money and other valuables, located in accounts and deposits in banks and credit institutions, debit transactions on this account shall be terminated within the funds seized.
      13. Seizure of property shall be canceled when this measure is no longer necessary. Cancellation of the seizure of property, sanctioned by the investigating judge at the stage of pre-trial investigation is based on a reasoned decision of the criminal prosecution body with the consent of the procurator.

Article 164. Protest and appeal the decision of the
investigating judge on sanctioning or refusal to
sanction the seizure of property

      1. Decision of the investigating judge on sanctioning of the seizure of property of the suspected, accused, the person legally financially responsible for his (her) actions, or on refusal to do it may be appealed, as well as protested by the procurator in the manner provided in Article 107 of this Code.
      2. Consideration by regional or equivalent court of the issue on sanctioning of the seizure of property in the event of cancellation of the decision of the investigating judge of the district or equivalent court on refusal to sanction the seizure of property shall be carried out in accordance with the procedure, provided for in Article 107 of this Code.

Article 165. Restraining order

      1. Restraining order is the limitation of the suspected, accused or defendant to seek, pursue, attend, make telephone calls and to communicate in other ways with the victim and other persons involved in the case, in order to protect them.
      Restraining order is sanctioned by the investigating judge or applied by the court.
      2. If there is a real threat or commission by the suspected, accused of a criminal offence, related to the use of violence or threat of violence against the family and minors, the person conducting the pre-trial investigation, upon written request of the victim or other person to be protected, shall issue a decision to submit an application to the court on sanctioning of the restraining order and send it to the procurator.
      The decision shall be attached by the certified copies of the criminal case materials, confirming the need for a restraining order.
      3. After considering the materials submitted, the procurator maintains the application or shall issue a reasoned decision on refusal to maintain it. While maintaining the application the procurator shall send the application and the copy of the case materials to the court.
      4. The application for sanctioning of the restraining order shall be considered by the investigating judge with the participation of the procurator, the suspected, accused, his (her) defense counsel, the victim or any other person to be protected, within three days from the date of receipt of the application to the court.
      Non-appearance of these participants to the proceedings in the event of their timely notice by the court of the place and time of the court session shall not preclude the court session.
      5. After considering the application and the submitted case materials, the investigating judge shall issue a decision on sanctioning or refusal to sanction the restraining order. The decision on sanctioning the restraining order or refusal to do so may be appealed or protested in the manner prescribed in Article 107 of this Code.
      6. The decision on the restraining order must specify the base for application of the coercive procedural measures and types of restraining order, as well as the body entrusted with the supervision of its implementation. A copy of the decision on the restraining order shall be presented to the procurator, the suspected, accused, defense counsel, the protected person and the body, responsible for supervising.
      7. In violation of the restraining order, the suspected, the accused may be imposed a monetary penalty in the manner provided in Article 160 of this Code, as well as may be applied a preventive measure.
      8. Cancellation of the restraining order shall be made by the reasoned order of the criminal prosecution body with the consent of the procurator or by the court during the judicial review of the criminal case, when this measure is no longer necessary.

Section 5. Property issues in criminal proceedings

Chapter 20. The civil claim in criminal proceedings

Article 166. Civil claims, considered in the
criminal proceedings

      1.Civil claims of individuals and legal entities for compensation of property and moral damage, caused directly by criminal offence or socially dangerous acts of the insane, as well as on compensation for funeral expenses, treatment of the victim, the amounts paid to him (her) as insurance indemnity, benefits or pensions, as well as costs incurred in connection with participation in the inquiry, preliminary investigation and in court, including the costs of representation, shall be considered in criminal proceedings.
      2. Proving of a civil claim, filed in a criminal case shall be made according to the rules, established by this Code.
      If the legal relations, arising in connection with the presentation of a civil claim are not regulated by this Code, the rules of civil procedure law shall be applied in the part in which they do not contradict this Code.
      3. If the persons, mentioned in the first part of this article, in the course of the criminal proceedings do not file a civil claim or after the presentation withdrawn it, or it is left by the court without consideration, they shall have the right to present it in civil proceedings. The request of the claimant to revoke the civil claim or leaving it without consideration shall be solved by the court in accordance with this Code and the rules of civil procedure law.
      4. The decision of a civil claim, taken in civil proceedings, shall be the basis for preventing the presentation in criminal proceedings of the same claim against the same persons on the same grounds.

Article 167. Filing a civil claim

      1. A civil claim may be filed since the beginning of the pre-trial investigation until the end of the judicial investigation by the person, who by criminal offence or criminally punishable act directly caused material or moral damage, or by his (her) representative.
      In the cases, provided for by Article 58 of this Code, the procurator may file a civil claim.
      In cases of crimes, the consequences of which are the death of a person, a civil claim may be filed by close relatives, husband (wife) of the deceased, exercising the rights of the victim under this Code.
      2. A civil claim is filed against the suspected, accused, defendant or persons, bearing material responsibility for his (her) actions or actions of the insane.
      A person, who filed a civil claim, is called the civil claimant, the person against whom a claim is filed, is called civil defendant. Such persons in the course of criminal proceedings exercise the procedural rights and bear procedural obligations established by this Code for the civil claimant and civil defendant respectively.
      3. The claimant upon presentation of a civil claim in a criminal case shall be exempt from payment of state duty.
      4. Jurisdiction of civil claim is determined by the jurisdiction of the criminal case, in which it filed and considered in conjunction with the criminal case.
      5. A civil claim is filed ??in writing in accordance with the requirements of the claims, considered in civil proceedings.
      6. The failure to discover the suspected shall not preclude the filing of a civil claim in the criminal case.
      7. If necessary to clarify the grounds for a civil claim and the amount of the claim, a person may supplement the claim.
      8. To any person not to be recognized as the suspected in connection with the presence of a privilege or immunity from prosecution, a civil claim may be filed in civil proceedings.

Article 168. Application of the rules on the grounds,
conditions, amount and method of compensation

      1. When considering a civil claim, filed in a criminal case, the grounds, conditions, amount and method of compensation shall be determined in accordance with the rules of civil, labour and other legislation.
      2. If an international treaty, ratified by the Republic of Kazakhstan establishes rules other than those contained in this Code, the rules of the international treaty shall apply.

Article 169. Return of the statement of claim,
the rejection of the claim

      1. The civil claimant shall be entitled to claim for the return of the statement of claim at any stage of the criminal proceedings. Application for return of the statement of claim shall be in writing and shall be attached to the criminal case. If the return of the statement of claim is stated in the court session, it shall be entered into the protocol of the court session.
      Return of the statement of claim shall entail termination of stay of persons in the position of a civil claimant and civil defendant, about what the body, conducting the criminal proceedings shall rule.
      Return of the statement of claim cannot be accepted by the court in the event of request of the defendant its consideration on merits.
      2. The application of the civil claimant to reject a claim at the stage of the pre-trial proceedings in the criminal case shall be filed in writing and shall be attached to the materials of the criminal case. If the rejection of the civil claimant from claim is expressed in the court session, it shall be entered into the protocol of the court session.
      3. Rejection of the claim can be accepted by the court by making a decision at any time of the judicial proceedings, but before the removal of the court to the deliberation room for judgment.
      Before the adoption of rejection of the claim, the court shall explain to the civil claimant, that the adoption of the rejection of the claim shall terminate proceedings on it and exclude second apply to the court in a dispute between the same parties on the same subject and on the same grounds, including in civil proceedings.
      4. Court does not accept the rejection of a claim by the civil plaintiff, if these actions are against the law or violate anyone’s rights and interests protected by law, about what a reasoned decision shall be made.

Article 170. Decisions on the civil claim

      1. Following consideration of a civil claim in the criminal case, the court shall make one of the following decisions:
      1) on full or partial satisfaction of a civil claim;
      2) on refusal in satisfaction of a civil claim;
      3) on the recognition of the civil claimant the right in satisfaction of a civil claim and refer the matter of its amount to the consideration of the court in civil proceedings;
      4) on adoption of rejection of a civil claim and termination of proceedings on it;
      5) on approval of the settlement agreement or agreement on adjustment of dispute in order of mediation in a civil claim and terminate proceedings on it;
      6) on leaving a civil claim without consideration.
      In making the decision to terminate the proceedings on the grounds specified in paragraphs 3), 4) of the first part of Article 35 of this Code, the court shall satisfy the civil claim in full.
      2. In the judgment of conviction or making a decision on the application of compulsory medical measures to insane, the court shall satisfy the civil claim in whole or in part, or reject it.
      In cases of satisfaction of a civil claim in whole or in part, the court establishes and specifies in the judgment the term for voluntary execution of the judgment in part of the civil claim. In case of failure to perform the court judgment in part of the civil claim within the period given for voluntary execution, the court shall direct the judgment for compulsory execution in part of the civil claim in the manner, prescribed by the civil procedural law. Compulsory execution is carried out in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings and status of enforcement agents.
      3. If it is impossible to carry out a detailed calculation of a civil claim without postponing the criminal proceedings, the court may recognize the civil claimant’s right to satisfaction of the claim and refer the question of its amount to the consideration of the court in civil proceedings.
      4. Court refuses to satisfy a civil claim under the judgment of acquittal, as well as in making the decision to terminate the case by the application to the insane of compulsory medical measures, if it is not established an event of a criminal offence or an act, prohibited by the Criminal Code of the Republic of Kazakhstan, or it is not proved the participation of the defendant, or it is not set his (her) fault or the person against whom a question on the application of compulsory medical measures is solved, in committing a criminal offence or an act, prohibited by the Criminal Code of the Republic of Kazakhstan.
      5. Court shall decide on the termination of proceedings in the civil claim, in cases of court approval of a settlement agreement, achieving reconciliation in the order of mediation or the adoption by the court of rejection of the civil claim.
      6. The Court leaves the claim without consideration, in cases of:
      1) acquitting of the defendant in the absence of composition of a criminal offence;
      2) termination of the case for lack of grounds for the application of compulsory medical measures to the insane person, who by nature of his (her) committed act and his (her) condition is not a danger to society and does not need compulsory treatment;
      3) termination of the case on the grounds, specified in paragraphs 5), 7), 8) of the first part of Article 35 of this Code;
      4) application of the civil claimant about it.
      Leaving the civil claim without consideration for any other grounds, not prescribed by law, is not allowed.

Article 171. Ensuring of a civil claim

      Upon presentation by a civil claimant of a civil claim, the criminal prosecution body shall take measures to ensure it. If such measures are not taken, the court in preparation for the main trial in accordance with Article 325 of this Code shall oblige the criminal prosecution body to take them. Upon presentation of a civil claim in the stage of trial, the court shall make a decision to ensure a civil claim.

Article 172. Execution of the sentence and the court
decision in part of the civil claim

      When making a decision on satisfaction of the civil claim in full or in part, the court may set a period for voluntary execution of the sentence, the court decision in part of the civil claim, and the rules of deferral and installment of execution, provided by the civil procedural legislation can be applied. Compulsory execution of a judicial act in part of the civil claim shall be made in accordance with the legislation of the Republic of Kazakhstan on enforcement proceedings and status of enforcement agents.

Article 173. Fund for compensation of harm to victims

      1. Persons, recognized by the decision of the criminal prosecution body as victims in cases, manner, amounts, and periods stipulated by the legislative act on the fund for compensation of harm for victims, shall have the right to immediately get a full or partial state compensation from the fund.
      Categories of victims, who are entitled to receive state compensation without delay, shall be defined by the legislative act on the fund for compensation of harm for victims.
      2. The obligation to compensate in the fund for compensation of harm for victims of the paid money, the court imposes the amount of fees, determined by the legislative act on the fund for compensation of harm for victims, by the sentence to:
      1) a guilty person;
      2) legal representatives of a minor convicted;
      3) a legal entity, having under the law of financial responsibility for damage, caused by a criminal act of an individual.
      If the person at the same time found guilty of several criminal offences, the fee shall be calculated on the basis of the most serious of them.
      3. The decision to terminate the pre-trial investigation on the grounds, specified in paragraphs 3), 4) and 12) of the first part of Article 35, first part of Article 36 of this Code, shall be the basis for the collection of fee in the civil order to the fund for compensation of harm for victims from the persons, specified in the second part of this article, in the amount prescribed in the legislative act on this fund.

Chapter 21. Payment for labour and compensation of
expenses, incurred in the course of criminal proceedings

Article 174. Payment for legal assistance

      1. Payment for labour of the defense counsel and a representative of the persons, involved in criminal proceedings shall be in accordance with the legislation of the Republic of Kazakhstan.
      2. In cases, stipulated by this Code, when the lawyer participated in the pre-trial proceedings or in court as a defense counsel or as a representative of the victim, private prosecutor without a contract with the client, the labour costs of lawyers shall be paid at the expense of the budget.
      3. In the cases, specified in the second part of this article, the body conducting the criminal proceedings, if there is reason, shall have the right to release the suspected, accused, convicted in whole or in part from payment for legal assistance, about what it makes a reasoned decision.

Article 175. Obtaining by an interpreter, specialist,
expert of fees for the performance of their work

      1. Interpreter, specialist, expert, performing the relevant work in the criminal proceedings, is obtained:
      1) wages in the workplace - if performed work in order of service task;
      2) the remuneration for the expense of budget funds within the rates, established by the Government of the Republic of Kazakhstan, - if the work performed is not included in the scope of their official duties, and performed off-duty hours;
      3) the remuneration in the amount, determined by the contract with the party - if the work is performed in agreement with that party.
      2. In the case, provided for in paragraph 2) of this Article, the remuneration shall be paid on the basis of the decision of the body, conducting the criminal proceedings, made after presenting by the interpreter, specialist, expert, an account.

Article 176. Compensation of expenses, incurred by persons
involved in criminal proceedings

      1. By way of criminal proceedings the following expenses of the victim, civil claimant, their legal representatives, lawyers providing legal assistance as a defense counsel or representative of the victim (private prosecutor) on the appointment of the body, conducting the criminal proceedings, in the cases provided in third part of Article 67 and the second part of Article 76 of this Code, an identifying witness, interpreter, specialist, expert, witness, potential jurors, called to court, but not selected for the jury, shall be compensated at the expense of budget funds:
      1) the costs of attendance at the call of the body, conducting the criminal proceedings:
      the cost of travel by rail, water, road (except taxis) transport and other modes of transport that exists in the area, and with the consent of the body conducting the criminal proceedings, - the cost of travel by air transport;
      the cost of hiring premises under the standards adopted for the payment of business trips, provided that these costs are not reimbursed by the organization, the employer;
      2) daily allowance, if necessary, for these individuals to reside at the request of the body, conducting the criminal trial, outside the place of permanent residence and provided that the daily allowance is not reimbursed by the organization, the employer;
      3) average earnings for all the time, spent at the request of the body conducting the criminal proceedings, to participate in criminal proceedings, except in cases where the average salary is retained to them by the organization, the employer;
      4) the cost of restoration or acquisition of property, loss of quality or lost as a result of participation of the person in the conduct of investigative or other procedural action at the request of the body, conducting the criminal proceedings.
      2. The state bodies and organizations shall retain the average salary of the victim, his (her) legal representative, identifying witness, interpreter, specialist, expert, witness, potential juror, called at the court, but not selected for the jury, for the time spent at the request of the body, conducting the criminal proceedings, to participate in criminal proceedings.
      3. Specialist and expert shall also be compensated the cost of their chemical reagents and other consumables that they spent in the exercise of the assigned work, as well as the payment made by them for the use of equipment, utilities and other services in order to perform the work.
      4. Expenses, incurred in the criminal proceedings shall be compensated at the request of the persons, listed in the first part of this article, based on the decision of the body, conducting the criminal proceedings, in the amount prescribed by legislation. Procedure for payment of these expenses shall be determined by the Government of the Republic of Kazakhstan. These expenses may also be compensated at the expense of the party that attracted the persons, listed in the first part of this article to participate in the investigative action or in other cases, stipulated by this Code. Expenses under paragraphs 1), 2) and 4) of the first part of this Article may be compensated in accordance with the legislation by the body, conducting the criminal proceedings, on its own initiative.

Chapter 22. Procedural costs

Article 177. Procedural costs

      Procedural costs consist of:
      1) the amounts paid to witnesses, victims and their representatives, experts, specialists, interpreters, identifying witnesses in accordance with Articles 174 and 175 of this Code;
      2) the amounts paid to witnesses, victims and their representatives, identifying witnesses, who do not have regular income, to distract them from ordinary activities;
      3) the amounts paid to witnesses, victims and their legal representatives, identifying witnesses, working and having a regular income, for reimbursement of the lost wages for the time spent by them in connection with the call in the body, conducting the criminal proceedings;
      4) remuneration, paid to experts, interpreters, specialists for the performance of their duties during the pre-trial investigation or the court, except where these duties are performed in the order of performance of work task;
      5) the amounts paid for the provision by the defense counsel of legal assistance in the exemption of the suspected, accused or defendant from its payment or participation of a lawyer in the inquiry, preliminary investigation or in court by appointment;
      6) the amounts paid for the provision of legal assistance by the representative of the victim (private prosecutor), if he (she) is exempt from its payment;
      7) the amounts, spent for storing and sending of material evidence;
      8) the amounts spent for examination in the bodies of judicial expertise;
      9) the amount, spent in connection with the search of the suspected, accused, defendant, hiding from investigation or court, calculated in accordance with the procedure established by the Government of the Republic of Kazakhstan;
      10) the amounts spent in connection with the conveyance of the suspected, accused or defendant to the investigator or the court in the case of their absence without good reason, as well as the stay of the judicial proceedings due to the absence of the defendant without good reason or his (her) coming in court in a state of intoxication;
      11) other expenses, incurred in the criminal proceedings.

Article 178. Recovery of procedural costs

      1. The question of recovery of procedural costs is considered by the court in making a final decision in the criminal case. If the proceedings are completed at the pre-trial stage of criminal proceedings, the investigating judge shall consider the recovery of procedural costs by presentation of the procurator. Procedural costs may be imposed by the court on the suspected, accused, convicted or accepted by the state.
      2. The Court shall be entitled to recover from the convicted procedural costs, except for amounts paid to the interpreter. Procedural costs may be imposed on the convicted person, released from punishment.
      3. Procedural costs, associated with participation in the case of the interpreter, shall be paid by the state. If the interpreter performs his (her) functions in the manner of a service task, his (her) payment for labour shall be compensated by the state to the organization, where the interpreter works.
      4. Procedural costs, associated with the participation in the case of a lawyer, providing legal assistance free of charge as a defense counsel of the suspected, accused, defendant or representative of the victim (private prosecutor), in the cases specified in the third part of Article 67 and the second part of Article 76 of this Code, shall be paid at the expense of budget funds.
      5. In the case of an acquittal of the defendant or termination of the case in accordance with paragraphs 1) and 2) of the first part of Article 35 of this Code, procedural costs shall be paid by the state. If the defendant is justified only in part, the court shall oblige him (her) to pay procedural costs, associated with the prosecution under which he (she) is found guilty.
      6. Procedural costs shall be paid by the state in the case of property insolvency of the person, from which they have to be recovered. The court may release the convicted person in whole or in part from the payment of procedural costs, if their payment can significantly affect the financial position of persons who are dependent on the convicted.
      7. Recognizing of several defendants as guilty in the case, the court determines to what extent procedural costs should be recovered from each of them. The court takes into account the nature of guilt, the degree of liability for the criminal offence and the financial situation of the convicted.
      8. Incases of the criminal offences of minors, the court may impose the payment of the procedural costs to minor’s parents or persons replacing them.
      9. In the justification of the defendant in the case of private prosecution, the court is entitled to collect procedural costs fully or partially from the person, under the complaint of which the proceedings started. Upon termination of the case for the reconciliation of the parties, the procedural costs shall be recovered from the defendant.
      10. In the case of the death of the suspected, accused their heirs shall not be liable for the obligations, associated with the procedural costs.
      11. The right to collect procedural costs shall be terminated by limitation after three years from the date of entry of the appropriate court decision in legal force.
      12. If there is data on the procedural costs, except as specified in the sixth part of this Article, the criminal prosecution body shall take measures to ensure the recovery of procedural costs.

The Special Part

Section 6. Pre-trial proceedings in a criminal case

Chapter 23. The beginning of the pre-trial investigation

Article 179. The beginning of the pre-trial investigation

      1. The beginning of the pre-trial investigation is the registration of the statements, reports of a criminal offence in the Unified Register of pre-trial investigations or the first urgent investigative actions. The procurator shall be notified about the beginning of the pre-trial investigation within a day.
      2. In the cases, specified in the first part of Article 184 of this Code, the procurator, investigator, interrogating officer, the body of inquiry prior to the registration of statements and reports of criminal offence shall make urgent investigative actions for finding and fixing traces of a criminal offence. At the same time they are obliged to take measures to the registration of statements and reports of a criminal offence in the Unified Register of pre-trial investigations, including the use of means of communication.
      3. Pre-trial investigation is necessary for all statements, reports of criminal offences, except in cases of private prosecution.
      4. If it is received a statement, report of information about the signs of an administrative offence or disciplinary offence, an appeal within three days, shall be sent by a cover letter to the appropriate authorized state body or official.
      5. If it is received a statement, report of information on which the criminal prosecution is carried out privately, the materials shall be sent to the appropriate court of competent jurisdiction and the applicant shall be notified.
      6. Production of urgent investigative actions shall not preclude the consideration of the statement and report in the manner prescribed by parts four and five of this article.

Article 180. The reasons to the beginning of the
pre-trial investigation

      1. The reasons to the beginning of the pre-trial investigation are sufficient data, indicating signs of a criminal offence, in the absence of circumstances, precluding the proceedings, namely:
      1) the application of an individual or a message of an official of the state body or a person, performing managerial functions in the organization, of a criminal offence or obscure disappearance of a person;
      2) acknowledgement of guilt;
      3) messages in the media;
      4) a report of the official of the criminal prosecution body on the preparing, committing or committed criminal offence.
      If there is a reason to implement the pre-trial investigation the interrogating officer, the body of inquiry, the head of the investigation department, investigator and the procurator within its competence and in the manner prescribed by this Code, shall take by its decision a criminal case to the proceedings.
      2. If on the case, investigating by the reason, specified in paragraph 1) of the first part of this article, established a data in respect of the obscure disappeared person, showing signs of a criminal offence, the act shall be qualified under the relevant article of the Criminal Code of the Republic of Kazakhstan.
      3. The order for reception and registration of statements and reports of criminal offences, as well as the procedure for keeping the Unified Register of pre-trial investigation shall be defined by the General Procurator of the Republic of Kazakhstan.

Article 181. The statement, reporting a criminal offence

      1. Statement of an individual of a criminal offence can be oral and written.
      The written statement must be signed by the person who filled it, with details of the applicant, as reflected in the second part of this article.
      2. Oral statement on the criminal offence is recorded in a separate protocol for its adoption, which should contain the information about the applicant, his (her) place of residence or work, as well as the document, proving his (her) identity. The protocol shall be signed by the applicant and the official, who took the statement.
      Oral statement, made at the pre-trial investigation or in judicial proceedings, shall be entered in the appropriate protocol of the investigative action or in the protocol of the court session.
      3. Report of the official of the state body and a statement of the legal entity on the criminal offence is submitted in writing with the supporting documents and materials.
      4. The applicant, except for the official of the state body is warned of the criminal liability for knowingly false denunciation, as marked in the application or protocol, which is certified by the signature of the applicant.
      5. In the absence of sufficient data, indicating signs of a criminal offence, the statements and reports, requiring audits and checks of the authorized bodies to establish the signs of a criminal offence without registration in the Unified Register of pre-trial investigations shall be sent for consideration to the authorized state bodies within three days.
      6. Anonymous message about a criminal offence cannot be the reason for the beginning of the pre-trial investigation.

Article 182. Acknowledgement of guilt

      1. Acknowledgement of guilt - a private, voluntary, written or oral report of the criminal prosecution bodies of the committed or planned criminal offence, if the person is not yet recognized as the suspected, or he (she) is not detained on suspicion of committing the criminal offence.
      2. Oral statement is received and recorded in the protocol in the manner established by Article 181 of this Code.
      3. If in acknowledgement of guilt, the statement specifies the partners of the criminal offence, the applicant shall be warned of the criminal liability for knowingly false denunciation.

Article 183. Message of a criminal offence in the media

      1. Message in the media may give rise to the beginning of the pre-trial investigation, when it is published in a newspaper or magazine or broadcasted by radio, television or telecommunications networks.
      2. Persons, performing managerial functions in the media, which published or broadcasted the message of a criminal offence, at the request of the body authorized to start the pre-trial investigation, must transfer documents and other materials at their disposal, confirming the message, as well as name the person, who submitted this information, except in cases where the person submitted them with the condition of secrecy of the source of information.

Article 184. A report about the detection of a criminal offence

      1. Finding information about a criminal offence shall be the reason for the beginning of the pre-trial investigation in cases, when:
      1) in the performance of their official duties, the officer of the body of inquiry, investigator, procurator become witnesses of a criminal offence or detect traces or consequences of a criminal offence immediately after its commission;
      2) an official of the criminal prosecution body, the procurator obtained the information about a criminal offence in the exercise of their powers.
      2. In the cases, specified in part one of this article, the said persons compiled a report about the detection of a criminal offence with the application in their possession documents and other materials, confirming the discovery of information about the criminal offence.
      3. A report about the detection of a criminal offence can be made ??in the case of a private court order, containing the relevant information.

Article 185. Obligatoriness for acceptance of statements
and reports of a criminal offence

      1. The criminal prosecution body is obliged to accept and register the statement, report of any prepared, committed or committing criminal offence. The applicant is issued a document on the registration of the adopted statements or reports of the criminal offence.
      2. The refusal to accept and register the statement of a criminal offence, and other reasons to the beginning of the pre-trial investigation, provided by part one of Article 180 of this Code, shall not be permitted and shall entail the liability established by law, as well as may be appealed to the procurator or the court in the manner prescribed by this Code.
      3. The Court, found signs of a criminal offence in the proceedings of the criminal case, shall bring this by private decision to the attention of the procurator or finding the facts for refusal to accept and register statements, reports of a criminal offence, other violations of their acceptance and registration, shall bring this by private decision to the attention of the procurator.

Article 186. Transfer of the registered statement or report on
criminal offence in accordance with the jurisdiction

      1. The registered statements or reports of a criminal offence shall be subject to the transfer in accordance with the jurisdiction, when:
      1) the criminal offence is committed outside the area, region, city of republican significance, capital and for the production of pre-trial investigation is necessary to conduct investigative actions in the place of the criminal offence;
      2) the production of investigation in a criminal case is the exclusive investigative jurisdiction of another body of criminal prosecution.
      2. Statements, reports with existing materials shall be sent in accordance with the jurisdiction by the head of the criminal prosecution body through the procurator.
      3. The rules of the first part of this Article shall not apply to the cases of receipt of statements, reports of criminal offences, which require urgent investigative actions. In such cases, the collected materials shall be sent to the procurator to transfer in accordance with the jurisdiction within five days from the date of registration of the statements, reports.
      4. Statements, reports shall be transferred in accordance with the jurisdiction together with the objects and documents, found during inspection of the scene, place or premises or provided by the organizations, officials or citizens.
      5. Only the statements of victims (private prosecutors) about criminal offences, prosecuted in a private prosecution shall be subject to transfer in accordance with the jurisdiction.

Chapter 24. General conditions for the production
of pre-trial investigation

Article 187. Investigative jurisdiction

      1. In cases of criminal offences provided in Articles 160, 161, 162, 163, 164, 165, 166, 167, 168, 169, 170, 171, 172, 173, 175, 176, 177, 178, 179, 180, 181, 184, 185, 186 (second part), 255, 256, 257, 259, 260, 267, 270, 275, 291 (second, third and fourth parts in respect of theft or extortion of weapons of mass destruction, as well as materials or equipment that can be used to create weapons of mass destruction), 360, 373, 374, 375, 392 (second part), 396 (second part), 445 (second part), 458 (second, third, fourth and fifth parts) of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is conducted by investigators of the National Security Committee. In cases of criminal offences provided in Articles 205 (third part), 206 (second and third parts), 207 (second and third parts), 208 (second and third parts), 209 (second and third parts), 210 (second and third parts) of the Criminal Code of the Republic of Kazakhstan, if they are committed in respect of national electronic information resources, national information systems, the preliminary investigation may be conducted by the national security agency. In cases of criminal offences, provided in Articles 437 (third part), 438 (third part), 439 (third part), 441 (third part), 442 (third part), 443 (second part), 459 (third part) of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation can be carried out by investigators of the National Security Committee, if they are committed in a combat situation.
      In cases of criminal offences, provided in other articles of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation may be carried out by the national security agency, if their investigation is directly related to the production of the preliminary investigation in cases of criminal offences, falling within the investigative jurisdiction of the national security agencies, and criminal case cannot be separated.
      2. In cases of criminal offences, provided in Articles 99, 100, 101, 102, 103, 104, 105, 106, 107 (second part), 110 (second part), 116, 118 (third part), 120, 121, 122, 124, 125, 126 (second and third parts), 127, 128 (second, third, fourth parts), 129, 132, 133, 134, 135, 141, 143 (second and third parts), 148, 150 (second part), 151, 155 (second part), 156 (third and fourth parts), 157, 188 (second, third and fourth parts), 191 (second, third and fourth parts), 192, 193, 194 (second, third and fourth parts), 200 (second, third and fourth parts), 201 (second part), 202 (second and third parts), 203, 205 (third part), 206 (second and third parts), 207 (second and third parts), 208 (second and third parts), 209 (second and third parts), 210 (second and third parts), 211 (second and third parts), 212 (second part), 213 (second and third parts), 251, 252 (second part), 254, 261, 268, 271, 272, 273, 274 (second, third and fourth parts), 277, 278, 279, 280, 281, 282, 287 (fourth and fifth parts ) 288 (second and third parts), 291, 293 (second and third parts), 295 (third part), 296 (fourth part), 297, 298, 299 (second, third and fourth parts), 300 (second part), 301, 302, 303 (second part), 304, 305, 306 (second and third parts), 308 (second and third parts), 309 (second and third parts), 310 (second part), 312, 314 (second part), 315 (second part), 317 (second, third, fourth and fifth parts), 318, 319 (fifth part), 320 (second part), 322 (second, third and fourth parts), 323, 324, 325 (second and third parts), 326 (second and third parts), 327, 328 (second and third parts), 329, 330, 331 (first part), 332, 333, 334 (second and third parts), 335 (third and fourth parts), 337 (fourth and fifth parts), 338, 340 (fourth part), 341 (second part), 343 (second and third parts), 344, 346 (fourth and fifth parts), 348 (third and fourth parts), 349 (third and fourth parts), 350 (second and third parts), 351 (second and third parts), 352, 353 (second, third and fourth parts), 354 (second, third and fourth parts), 355, 356 (second part), 358 (third, fourth and fifth parts), 359 (third and fourth parts), 376 (second and third parts), 377, 380, 382 (second part), 386 (second part), 388, 389 (third and fourth parts), 394 (second and third parts), 399 (third part), 401, 402 (second part), 404 (first part), 407 (third part), 408, 409, 411, 426 (second part), 428 (second and third parts), 429, 437 (third part), 438 (second and third parts), 439 (second and third parts), 440 (fourth part), 441 (third part), 442 (second and third parts), 443 (second part), 446 (second part), 449 (third part), 453 (second part), 454 (first part), 459 (third part), 462 (second and third parts), 463 (third and fourth parts), 464, 465, 466 (fourth and fifth parts) of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is conducted by investigators of the bodies for internal affairs.
      3. In cases of criminal offences, provided in Articles 189 (paragraph 2) of the third part), 190 (paragraph 2) of the third part), 215 (paragraph 3) of the second part), 216 (paragraph 4) of the second part), 217 (paragraph 3) of the third part), 218 ( paragraph 1) of the third part), 234 (paragraph 1) of the third part), 249 (paragraph 2) of the third part), 307 (paragraph 3) of the third part), 361, 362 ( paragraph 3) of the fourth part), 364 - 370 of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is conducted by investigators of the anti-corruption agencies. According to the criminal offences under Articles 189 (second part, paragraph 1) of the third part, fourth part) or 190 (second part, paragraph 1) of the third part, fourth part) of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation can be carried out by anti-corruption agencies, if their investigation is directly related to the investigation of criminal offences under the investigative jurisdiction of investigators of the anti-corruption agency.
      3-1. In cases of criminal offences, provided in Articles 214 (second part), 215 (first part, paragraphs 1), 2) and 4) of the second part, third part), 216 (first part, paragraphs 1), 2), 3) and 5) of the second part, third part), 219 - 221, 223 - 224, 226 (second part), 228 (second and third parts), 229 (second and third parts), 230 (second and third parts), 231, 234 (second part, paragraph 2) of the third part), 235, 236 (second and third parts), 237, 238, 239 (second part), 240, 243 (first part), 244 (second part), 245 (second and third parts), 248 (second and third parts), 249 (first and second parts, paragraph 1) of the third part), 253, 307 (first and second parts, paragraphs 1) and 2) of the third part) of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is conducted by investigators of the economic investigation agency.
      4. In cases of criminal offences, provided in Articles 149 (second and third parts), 362 (first, second, third parts and paragraphs 1) and 2) of the fourth part), 371, 413, 414 (first, second and third parts), 415, 416 (second, third, fourth and fifth parts), 418 of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is carried out by the bodies of internal affairs or anti-corruption agencies, that started pre-trial investigation. In cases of criminal offences, provided in Articles 146, 412 and 433 of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is conducted by the bodies of internal affairs or anti-corruption agencies that started pre-trial investigation in respect of a person, who is not an employee of this body.
      4-1. In cases of criminal offences, provided in Articles 147 (third part), 195 (third and fourth parts), 196 (third and fourth parts), 197 (third and fourth parts), 198 (third and fourth parts), 199 (third and fourth parts), 217 (second part, paragraph 1) of the third part), 232, 250 of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is carried out by the bodies of internal affairs or the economic investigation agency that started pre-trial investigation.
      In cases of criminal offences, provided in Articles 189 (second part, paragraph 1) of the third part, fourth part), 190 (second part, paragraphs 1) and 3) of the third part, fourth part) of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is conducted by the bodies of internal affairs, in the case of damage to the state – by the economic investigation agency.
      4-2. In cases of criminal offences, provided in Articles 416 (first and sixth parts), 417, 419 (second, third and fourth parts), 420, 421, 422, 423, 424, 425, 432, 434, 435 of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is carried out by the bodies of internal affairs, anti-corruption agency or economic investigation agency that started pre-trial investigation.
      4-3. In cases of criminal offences, provided in Articles 450, 451 and 452 of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is carried out by the bodies of internal affairs, national security agencies or anti-corruption agency that started pre-trial investigation.
      5. In cases of criminal offences, provided in Articles 174, 182, 269, 276 (second and third parts), 283, 284, 285, 286 (second, third and fourth parts), 290 (second part), 404 (second and third parts), 405, 437 (fourth and sixth parts), 438 (fourth part), 439 (fourth part), 441 (fourth part), 442 (fourth part), 443 (third part), 444, 453 (third part), 454 (second part), 455, 456, 457, 459 (fourth part) of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is carried out by the bodies of internal affairs or national security agencies that started pre-trial investigation.
      6. In cases of criminal offences, provided in Articles 218 (first and second parts, paragraphs 2) and 3) of third part), 262, 263, 264, 265, 266 of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is carried out by the bodies of internal affairs, national security agencies, anti-corruption agency or economic investigation agency that started pre-trial investigation.
      7. In cases of criminal offences, provided in Article 258 of the Criminal Code of the Republic of Kazakhstan, the preliminary investigation is carried out by the national security agencies or economic investigation agency that started pre-trial investigation.
      8. When connecting in one proceeding of criminal cases, investigated by the different bodies of preliminary investigation, investigative jurisdiction is determined by the procurator.
      Footnote. Article 187, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 188. Place of pre-trial investigation

      1. Pre-trial investigation is carried out in the area (region, city of republican significance, capital), where a criminal offence is committed.
      2. For the purpose of rapidity and completeness, the pre-trial investigation may be carried out at the place of detection of criminal offence, as well as at the location of the suspected or the majority of witnesses.
      3. If necessary to carry out investigative actions in another area (region, city of republican significance, capital), the person performing the pre-trial investigation shall be entitled to provide them personally or to entrust the production of these actions to the investigator or the body of inquiry of this area (region, city of republican significance, capital). The person, performing the pre-trial investigation may entrust production of undercover investigative actions or search measures to the body of inquiry at the place of pre-trial investigation or their place of production. Order, except for undercover investigative actions, shall be performed no later than ten days.
      4. In carrying out orders of the investigator, the procurator on the investigative actions, the employee of the body of inquiry enjoys the authority of the investigator.

Article 189. Forms of pre-trial investigation

      1. Pre-trial investigation is conducted in the form of inquiry, preliminary investigation and protocol form.
      2. Pre-trial investigation in the form of inquiry is conducted by the criminal prosecution body for the crimes, listed in the second- the twelfth parts of Article 191 of this Code.
      3. Pre-trial investigation in the form of the preliminary investigation is conducted for the crimes, referred to in article 187 of this Code, all the criminal offences committed by minors or persons who, because of their physical or mental disability cannot themselves exercise their right to protection, as well as for the cases of inquiry, where a person suspected of committing a crime is not known, except in cases of criminal offences specified in the second part of Article 32 of this Code.
      4. Head of the body of inquiry in cases of criminal infraction in failing within the period specified in Article 526 of this Code, to ensure the completeness and comprehensiveness of the establishment of the circumstances of the case to be proved, may appoint the inquiry, notifying the procurator within a day.
      5. Head of the body of inquiry shall have the right to appoint the preliminary investigation also in cases, where within the period, established by Article 192 of this Code is impossible to ensure the adequacy and completeness of the investigation of the circumstances of the case.
      6. Pre-trial investigation in the form of protocol is conducted by the criminal prosecution body for the criminal infractions, provided in the sixteenth - the twenty-fourth parts of Article 191 of this Code.

Article 190. Accelerated pre-trial investigation

      1. Pre-trial investigation can be completed in an accelerated manner, except in cases of protocol form.
      2. Accelerated pre-trial investigation can be carried out for crimes of small and moderate gravity, as well as for grave crimes, if the evidence collected established the fact of the crime and the person committed it, the full recognition of his (her) guilt, the agreement with the size (amount) of the damage (harm) with notification of this of the suspected and the explanation of the legal consequences of that decision.
      3. Accelerated pre-trial investigation shall be completed within fifteen days.
      4. In the accelerated pre-trial investigation a person, performing pre-trial investigation sets out the circumstances of the criminal offence and collects evidence, supporting the participation of the suspected in the commission of the offence.
      5. The person, performing the pre-trial investigation shall be entitled to carry out only those investigative and other procedural actions, the results of which record the traces of the criminal offences and other evidence of guilt of the suspected or the accused.
      6. Accelerated pre-trial investigation shall not apply:
      1) in respect of all criminal offences, when at least one of them is particularly serious;
      2) for persons who do not speak the language of the judicial proceedings;
      3) for persons, enjoying privileges and immunity from criminal prosecution;
      4) in the case of non-recognition of his (her) guilt, by at least one of the accomplices of a criminal offence;
      5) for criminal offences, committed by minors or persons who due to their physical or mental disability cannot themselves exercise their right to protection.
      7. The procurator, after receiving a criminal case with the indictment at the end of the accelerated pre-trial investigation, not later than three days produces one of the following actions on it:
      1) approves the indictment and sends the criminal case to the court;
      2) refers the case to the inquiry or preliminary investigation;
      3) makes a decision to terminate the pre-trial investigation or the criminal prosecution in respect of certain suspected persons.

Article 191. Pre-trial investigation, conducted in the form
of inquiry and the form of protocol

      1. Regarding criminal offences, specified in the second – the twelfth parts of this article, the preliminary investigation is not necessary and the materials of inquiry are the basis for the consideration of the case in the court.
      2. The bodies of internal affairs carries out inquiry in cases of criminal offences, provided in Articles 107 (first part), 112, 113, 114 (third and fourth parts), 117 (second part), 118 (second part), 119 (second, third and fourth parts), 126 (first part), 128 (first part), 136, 137 (second part), 139, 142, 143 (first part), 153, 158 (second part), 188 (first part), 191 (first part), 194 (first part), 200 (first part), 201 (first part), 202 (first part), 204 (second part), 207 (first part), 209 (first part), 210 (first part), 212 (first part), 247 (third part), 252 (first part), 274 (first part), 287 (second and third parts), 288 (first part), 290 (first part), 292, 293 (first part), 295 (first and second parts), 299 (first part), 300 (first part), 308 (first part), 309 (first part), 310 (first part), 311, 313, 314 (first part), 315 (first part), 319 (first, second, third and fourth parts), 321 (second part), 322 (fifth part), 337 (third part), 339, 341 (first part), 342 (second part), 345 (second, third and fourth parts), 346 (second and third parts), 347, 348 (second part), 349 (second part), 350 (first part), 357 (first part), 358 (second part), 359 (second part), 372, 379 (second part), 386 (first part), 387, 390 (second and third parts), 394 (first part), 398 (third part), 399 (first and second parts), 402 (first part), 407 (first part), 426 (first part), 427, 428 (first part), 430, 431 of the Criminal Code of the Republic of Kazakhstan.
      In cases of criminal offences, provided in Articles 188 (first part), 252 (first part), 290 (first part), 345 (second, third and fourth parts), 348 (second part), 350 (first part), 398 (third part) of the Criminal Code of the Republic of Kazakhstan, the State Security Service of the Republic of Kazakhstan can make an inquiry, if they are committed in the area of ??security measures and directly aimed against the protected persons, the list of which is set by law.
      3. Economic investigation agency carries out inquiry in cases of criminal offences, provided in Articles 214 (first part), 233, 245 (first part), 248 (first part) of the Criminal Code of the Republic of Kazakhstan.
      4. The bodies of the military police carry out inquiry in cases of criminal offences, provided for in Articles 437 (second part), 439 (first part), 440 (third part), 441 (first and second parts), 442 (first part), 446 (first part), 447 (second part), 448 (second part), 449 (second part), 453 (first part), 459 (first and second parts), 461, 462 (first part), 463 (second part), 466 (second and third parts) of the Criminal Code of the Republic of Kazakhstan, as well as in cases, specified in the second, third, seventh-ninth, eleventh, twelfth parts of this Article of criminal offences, committed by military personnel, undergoing military by conscription or contract in the Armed Forces of the Republic of Kazakhstan other troops and military formations of the Republic of Kazakhstan; citizens in reserve, during the passage of military duties; civilian personnel of military units, formations, institutions in connection with the performance of their duties or in the arrangement of these units, formations and institutions.
      5. The bodies of the military police of the National Security Committee carry out inquiry in cases of criminal offences, provided in Article 445 (first part) of the Criminal Code of the Republic of Kazakhstan on the criminal offences, referred to in the fourth part of this article, as well as all other criminal offences, specified in the second, third, seventh - ninth, eleventh, twelfth parts of this article, committed by military personnel and members of the special state agencies.
      6. The bodies of the border service carry out inquiry in cases of criminal offences, provided in Article 396 (first part) of the Criminal Code of the Republic of Kazakhstan.
      7. Is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
      8. Inquiry in cases of criminal offences, provided in Articles 189 (first part), 190 (first part), 217 (first part), 286 (first part) of the Criminal Code of the Republic of Kazakhstan, is carried out by the internal affairs bodies or the economic investigation agency that started the pre-trial investigation.
      9. Is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
      10. Inquiry in cases of criminal offences, provided in Article 392 (first part) of the Criminal Code of the Republic of Kazakhstan is carried out by the bodies of internal affairs or the border service that started the pre-trial investigation.
      11. Inquiry in cases of criminal offences, provided in Article 385 (first and second parts) of the Criminal Code of the Republic of Kazakhstan is carried out by the internal affairs bodies, anti-corruption agency, economic investigation agency that started the pre-trial investigation or by the State Protection Service of the Republic of Kazakhstan, if they are committed in the area of security measures and directly aimed against the protected persons, the list of which is set by law.
      12. Is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
      13. Inquiry in cases of criminal offences, referred to in this Article shall be carried out, when a person, suspected of committing a criminal offence is known.
      14. Inquiry is carried out according to the rules, established by this Code for preliminary investigation, except as provided by the articles of this chapter.
      15. In cases of criminal infractions, specified in the sixteenth – the twenty-fourth parts of this article, the inquiry is not necessary, and the collected materials are the basis for the consideration of the case in the court.
      16. The bodies of internal affairs carry out pre-trial investigation in the form of protocol on the criminal infractions, provided in Articles 111, 115, 117 (first part), 118 (first part), 119 (first part), 137 (first part), 138, 140, 144, 145, 152 (first part, if it is connected with non-execution of a court decision on reinstatement), 154, 155 (first part), 156 (first and second parts), 158 (first part), 159, 183, 187, 204 (first part), 205 (first part), 206 (first part), 208 (first part), 211 (first part), 213 (first part), 247 (first part), 276 (first part), 288 (fourth part), 289, 294, 296 (first, second and third parts), 303 (first part), 306 (first part), 316, 317 (first part), 320 (first part), 322 (first part), 325 (first part), 326 (first part), 328 (first part), 331 (second part), 334 (first part), 335 (first and second parts), 336, 340 (first, second and third parts), 342 (first part), 343 (first part), 346 (first part), 349 (first part), 351 (first part), 354 (first part), 356 (first part), 357 (second part), 358 (first part), 359 (first part), 376 (first part), 381, 383, 384, 389 (first and second parts), 391, 393, 395, 397, 398 (first and second parts), 400, 403, 406, 407 (second part), 410, 436 of the Criminal Code of the Republic of Kazakhstan.
      17. Economic investigation agency carries out the pre-trial investigation in the form of protocol on the criminal infractions, provided in Articles 222, 225, 226 (first part), 227, 228 (first part), 229 (first part), 230 (first part), 234 (first part), 236 (first part), 239 (first part), 241, 242, 243 (second part), 244 (first part), 246 of the Criminal Code of the Republic of Kazakhstan.
      18. The bodies of the National Security Committee carry out the pre-trial investigation in the form of protocol on the criminal infractions, provided in Articles 186 (first part), 458 (first part) of the Criminal Code of the Republic of Kazakhstan.
      19. Pre-trial investigation in the form of protocol on the criminal infractions, provided in Articles 195 (first and second parts), 196 (first and second parts), 197 (first and second parts), 198 (second part), 199 (second part) of the Criminal Code Republic of Kazakhstan, is carried out by the internal affairs bodies or economic investigation agency.
      19-1. Pre-trial investigation in the form of protocol on criminal infractions, provided in Articles 363, 414 (fourth part) of the Criminal Code of the Republic of Kazakhstan, is carried out by the internal affairs bodies or the anti-corruption agency.
      19-2. Pre-trial investigation in the form of protocol on criminal infractions, provided in Article 419 (first part) of the Criminal Code of the Republic of Kazakhstan, is carried out by the bodies of internal affairs, anti-corruption agency or economic investigation agency.
      20. The bodies of the military police carry out the pre-trial investigation in the form of protocol on the criminal infractions, provided in Articles 437 (first and fifth parts), 438 (first part), 440 (first and second parts), 443 (first part), 447 (part one), 448 (first part), 449 (first part), 460, 463 (first part), 466 (first part) of the Criminal Code of the Republic of Kazakhstan, as well as in cases of criminal offences, specified in the sixteenth, seventeenth, nineteenth, twenty-second - the twenty-fourth parts of this Article, and committed by military personnel, undergoing military service by conscription or contract in the Armed Forces of the Republic of Kazakhstan, other troops and military formations of the Republic of Kazakhstan, by citizens in reserve, during the passage of military duties, civilian personnel of military units, formations, institutions in connection with the performance of their duties or in the arrangement of these units, formations and institutions.
      21. The bodies of the military police of the National Security Committee carry out the pre-trial investigation in the form of protocol on criminal infractions, provided in the twentieth part of this article, as well as all other criminal infractions, committed by military personnel and members of special state agencies, for which the inquiry is not necessary and the collected materials are the basis for the consideration of the case in the court.
      22. Is excluded by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).
      23. In cases of criminal infractions, provided in Articles 287 (first part), 337 (first and second parts), 345 (first part), 348 (first part), 353 (first part), 378, 379 (first part), 382 (first part), 390 (first part) of the Criminal Code of the Republic of Kazakhstan, the pre-trial investigation in the form of protocol is carried out by the body of internal affairs or the State Protection Service of the Republic of Kazakhstan, if they are committed in the area of ??security measures and directly aimed against the protected persons, the list of which is set law.
      24. In the case of a criminal infraction, provided in Article 385 (third part) of the Criminal Code of the Republic of Kazakhstan, the pre-trial investigation is carried out by the internal affairs bodies, anti-corruption agency, economic investigation agency or the State Protection Service of the Republic of Kazakhstan, if it is committed in the area of ??security measures and directly aimed against the protected persons, the list of which is set by law.
      Footnote. Article 191, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 192. Periods of the pre-trial investigation

      1. Pre-trial investigation should be completed within a reasonable time based on the complexity of the criminal case, the volume of investigative actions and the adequacy of an investigation of the circumstances of the case, but no more than the limitation period, established by the Criminal Code of the Republic of Kazakhstan.
      In determining a reasonable time of the criminal proceedings, such factors as the legal and factual complexity of the case, the implementation of the procedural rights of participants in the pre-trial proceedings, the method of implementation by the person, performing the pre-trial investigation of his (her) powers to ensure the timely implementation of the pre-trial proceedings, shall be taken into account.
      2. The period of the pre-trial investigation shall be calculated from the date of registration of the statements and reports in the Unified Register of pre-trial investigations before the date of sending the criminal case to the procurator with the indictment or a decision to transfer the case to the court to consider the application of compulsory medical measures or before the day of the decision to terminate the production in the case.
      Pre-trial investigation for cases of inquiry shall not exceed one month and two months for the preliminary investigation.
      3. The period specified in the second part of this article shall not include the time to inform the participants of the criminal proceedings with the criminal case in the manner provided in Article 296 of this Code, as well as finding the criminal case in court and the prosecutor’s office under the complaint of the suspected, the victim.
      4. The period of the pre-trial investigation, established by the second part of this article may be extended by a reasoned request of the investigator, head of the body of inquiry due to:
      complexity of the case by the district and equivalent procurator - at a reasonable time, but not more than three months;
      special complexity of the case or in deciding the direction of the criminal case in a foreign state to continue the criminal prosecution – by the procurator of the region and equivalent procurator and their deputies at a reasonable time, but not more than twelve months.
      5. A further extension of the period for the pre-trial investigation shall be permitted only in exceptional cases and can be made by the General Procurator of the Republic of Kazakhstan, his (her) deputies at a reasonable time, but not more than the period, specified in the first part of this article.
      6. The decision to extend the period of the pre-trial investigation the head of the investigation department, inquiry, the procurator shall submit to the procurator of the district, region and equivalent procurators no later than five days, to the Procurator General of the Republic of Kazakhstan, his (her) deputies - not later than ten days before the expiry of the pre-trial investigation.
      7. When returning by the procurator of the case for further investigation, the pre-trial investigation is carried out within the period prescribed by the procurator, but not more than one month from the date of receipt of the case for the person conducting the criminal prosecution. A further extension of the period is made on a general basis and in the manner provided in this Article.
      8. The suspected, the victim shall have the right to appeal against the unjustified delay in the investigation and to file a petition to the procurator for establishment of a certain period, during which the person conducting the criminal prosecution shall complete the investigation of the case in full or to appeal to the court in the manner prescribed by this Code.

Article 193. Powers of the procurator in the
pre-trial investigation

      1. The procurator, supervising the legality of the pre-trial investigation, as well as the criminal prosecution shall:
      1) register a statement for a criminal offence and send it to the criminal prosecution body or accept it to own production and carry out pre-trial investigation;
      2) send the statement and the available materials of the criminal offence, received from one criminal prosecution body by investigative jurisdiction and judicial jurisdiction;
      3) check the observance of legality in the reception and registration of statements and reports of criminal offences;
      4) have the right to participate in the inspection of the scene, as well as carry out other activities within its powers, stipulated by this Code;
      5) give written instructions on the production of certain investigative actions;
      6) in cases stipulated by this Code, sanction the actions and (or) decisions of the person, conducting the pre-trial investigation;
      7) in cases and in the manner prescribed by this Code, give written instructions about the inclusion in the materials of pre-trial investigation the results of undercover investigative actions;
      8) submit a presentation to obtain a consent to the deprivation of immunity and bringing to justice those who have immunity and privileges from criminal prosecution;
      9) receive to check from the criminal prosecution bodies the criminal cases, documents and materials, including the results of operational-search operations and undercover investigative actions, direct criminal cases, for which the periods of investigation for the production of further investigation are interrupted;
      10) cancel illegal decision of the investigator, interrogating officer, the body of inquiry, as well as decisions and instructions of the heads of the investigation department and the body of inquiry, the subordinate procurator;
      11) return a criminal case for further investigation or terminate the pre-trial investigation in full or in relation to specific individuals;
      12) remove the cases from the body, conducting the pre-trial investigation, and transfer to another body of the pre-trial investigation; in exceptional cases in order to ensure objectivity and adequacy of the investigation at the written request of the criminal prosecution body or on its own initiative transfer the cases from one body to another, or take in its own production and investigate them independently of investigative jurisdiction, established by this Code;
      13) in the cases and in the manner prescribed by this Code, extend the periods of pre-trial investigation, as well as in the cases, provided for in the seventh and eighth parts of Article 192 of this Code, establish the period of investigation;
      14) in considering matters, assigned by this Code to the competence of the investigating judge, participate in court proceedings;
      15) verify compliance with the legally prescribed procedure and conditions of detention of persons in custody;
      16) approve the indictment, the protocol on the criminal offence, give the accused to the court and send the criminal case to the court for consideration on the merits;
      17) approve a decision of the person conducting the pre-trial investigation on the termination of the pre-trial investigation on the grounds, provided by this Code;
      18) by court order organize the investigative actions, the results of which the court attaches to the case materials at the request of the procurator;
      19) initiate and conclude a procedural agreement;
      20) exercise other powers, stipulated by this Code.
      2. Delineation of powers of the procurators during the pre-trial investigation is determined by the Procurator General of the Republic of Kazakhstan.
      The exclusive powers of the head of the procuracy authorities shall be:
      1) conclusion of a procedural agreement on cooperation;
      2) cancellation of illegal decisions of the investigator, the interrogating officer, the body of inquiry, as well as the decisions and instructions of the heads of investigation departments and the body of inquiry, the subordinated procurator;
      3) removal of a criminal case from a person or body, conducting the pre-trial investigation, and transfer it to another person or body for the production of the pre-trial investigation;
      4) making representations to obtain a consent to the deprivation of immunity, and bringing to justice of those who have privileges from criminal prosecution;
      5) extension of the periods of criminal investigation;
      6) consideration of complaints against the actions and decisions of the investigator, the interrogating officer, the body of inquiry, the heads of investigation department and the body of inquiry, as well as the subordinate procurator;
      7) in violations of the law, the removal of the investigator, the interrogating officer from the production of the pre-trial investigation in the criminal case;
      8) approval of the decision of the procedural procurator to return the criminal case for further investigation.
      The powers of the head of the procuracy authority, listed in paragraph 2), 3), 6), 7) and 8) of this part may be exercised by the heads of departments (offices) of the General Procurator’s office of the Republic of Kazakhstan, the prosecutor’s offices of the regions and equivalent prosecutor’s offices, supervising the legality of the pre-trial stage of the criminal proceedings.
      3. The head of the prosecutor’s office may, at a particular criminal case, determine the procurator, exercising the supervision in accordance with this article (procedural procurator).
      Procedural procurator supervises the criminal case since the beginning of the pre-trial investigation and participates in the court of first instance as a public prosecutor.
      Procedural procurator is irremovable, but in the cases stipulated by regulatory legal acts of the Procurator General of the Republic of Kazakhstan, may be replaced by other procedural procurator by the decision of the head of the prosecutor’s office.
      4. The procurator’s instructions to the person, conducting the pre-trial investigation, the head of the criminal prosecution body, given in the manner prescribed by this Code shall be mandatory, but may be appealed to a higher procurator. Appealing of the received instructions to the higher procurator shall not suspend their execution.
      Footnote. Article 193, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 194. Production of the pre-trial investigation by
the investigation, operational-investigation group

      1. Pre-trial investigation of the case in the event of its complexity or large volume can be assigned to a group of investigators and staff of the body of inquiry (investigation, operational-investigation group), about what a decision shall be made. The head of the investigation department and the body of inquiry shall have the right to make such decision. The decision must indicate all investigators, the staff of the body of inquiry, which assigned to carry out the investigation, including the investigator - the team leader.
      The suspected, victim, civil claimant, civil defendant and their representatives should be familiar with the decision on investigation by the group of investigators, staff of the body of inquiry and they shall be explained the right to challenge the head of this group, as well as any investigator, an official of the body of inquiry from the group.
      2. The group may include investigators, the staff of the body of inquiry of several bodies, which carry out the pre-trial investigation. The decision to create such a group may be taken at the direction of the procurator and on the initiative of the head of the investigation department, or the body of inquiry. Such a decision is documented with a joint order, issued in compliance with the requirements, specified in the first part of this article.
      3. The Procurator General of the Republic of Kazakhstan, his (her) deputy, procurators of the regions and equivalent procurators in exceptional cases when establishing the facts of incompleteness and bias investigation, complexity and importance of the case can form a group from among the procurators, as well as the investigators and operational staff of one or several bodies, conducting the pre-trial investigation, by appointing the procurator as a leader of the group, and documenting such decision by its order.

Article 195. The powers of the head of a group

      1. The head of a group by its decision accepts the case to its own production, organizes the work of the group, directs the actions of other investigators and employees of the body of inquiry.
      2. Decisions to terminate the criminal prosecution, the criminal case in full or in part, the compound and separation of criminal cases, as well as to submit a petition to extend the period of the pre-trial investigation, the application of preventive measures, sanctioned by the court, and their extension shall only be accepted by the leader of the group.
      3. The indictment, the decision to transfer the case to the court to consider the application of compulsory medical measures, the decision on the termination of the proceedings shall be drawn up and signed by the leader of the group.
      4. The leader of the group has the right to participate in the investigative actions, conducted by other investigators, personally conduct investigative actions and make decisions in a criminal case in the manner prescribed by this Code.
      5. The procurator, appointed by the head, shall have all the powers of the investigator, provided in this Code.

Article 196. Activities of the bodies of inquiry in cases
that are subject to a preliminary investigation

      1. If there are signs of a crime for which a preliminary investigation is necessary, the body of inquiry may commence the pre-trial investigation and make urgent investigative actions for establishing and fixing the traces of the crime: inspection, search, seizure, examination, detention and interrogation of suspected, interrogation of victims and witnesses and other investigative actions. The body of inquiry shall immediately notify the procurator on the detection of a criminal offence and the beginning of the pre-trial investigation.
      2. Upon completion of urgent investigative actions, but not later than five days after the beginning of the pre-trial investigation, the body of inquiry in the absence of questions about the investigative jurisdiction, shall refer the case to the investigator of the same body, notifying in writing the procurator within twenty-four hours. In other cases, the criminal case is transferred to the procurator to determine the investigative jurisdiction.
      3. After the transfer of the case to the investigator, the body of inquiry can produce investigative, uncover investigative actions, as well as search measures only at the request of the investigator. In the case of a transfer to the investigator of the case, in which it is not possible to find a person who commits a criminal offence, the body of inquiry shall take search measures to determine the person, who committed a criminal offence, with the notification of the investigator on the results.

Article 197. General rules for conducting investigative actions

      1. The person, conducting the pre-trial investigation, involving in investigative actions the persons provided for by law, verifies their identity, clarifies their rights and obligations, as well as the order for conducting investigative action.
      2. Production of the investigative action at night is not permitted, except in cases of urgency.
      3. The scientific and technological means can be applied in the investigative actions and the evidence-based methods to detect, capture and removal of traces of a criminal offence and material evidence are also used.
      4. In the investigative actions it is not allowed to use torture, violence, threats or other illegal means, ill-treatment, as well as endangering the lives and health of the persons involved.
      5. The person, conducting the pre-trial investigation is entitled to involve in the investigative actions of other employees of the criminal prosecution body.
      6. When conducting the investigative actions, provided for in the thirteenth and fourteenth parts of article 220, article 252, fourth part of Article 254, Article 255, except in cases, provided for in paragraph 2) of the third part of Article 255 of this Code, the involvement of the identifying witnesses is obligatory.
      In other cases of conducting the investigative actions, the use of the scientific and technological means for fixing the progress and results shall be obligatory.
      In the absence of the scientific and technical means or the impossibility of their use in conducting the investigative actions, the identifying witnesses are involved.
      The order of use of the scientific and technical means for fixing the progress and results is determined by the Procurator General of the Republic of Kazakhstan in coordination with the relevant state bodies.
      Footnote. Article 197, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 198. Decisions, issued during the
pre-trial investigation

      During the pre-trial investigation in making in accordance with this Code of a procedural decision, the person, conducting the pre-trial investigation shall make a decision, specifying the time and place of its preparation, the name and title of this person, subject matter and reason to take the decision, articles of this Code, on the basis of which the decision is made.

Article 199. Protocol of the investigative action

      1. Protocol of the investigative action shall be made in the course of the investigative action or immediately after it.
      2. Protocol can be handwritten, typewritten or written by computer. To ensure the completeness of the protocol, the short-hand, filming, sound and video recording or other scientific and technical means can be applied. Shorthand, materials, audio and video recordings or other media shall be attached to the protocol and kept at the case.
      3. The protocol shall include: date and place of the investigative action; time of its beginning and ending with the nearest minute; position and surname of the person, conducting the investigative action, surname, first name, patronymic (if any) of each person, involved in the investigation.
      The protocol sets out the procedural steps in the order in which they occurred, and the circumstances significant for the case identified in their production, as well as statements of persons, involved in the production of investigative action.
      4. The person, conducting the pre-trial investigation in the case of application of Article 97 of this Code shall not provide data on the identity of the victim, his (her) representative, as well as witnesses (identifying witnesses) in the protocol of the investigative action and shall use the alias of the person and signatures, to be elected by the protected person in the protocols of the investigative actions with his (her) participation.
      5. If during the investigative action photographing, filming, sound and video recording or other scientific and technical means are applied or the casts and impressions of footprints are made, the drawings, diagrams, plans are compiled, the protocol shall include the scientific and technical means applied in its production, the conditions and procedures for their use, the objects to which these means are used and the results obtained. The protocol must be noted that before the application of scientific and technical means the persons, involved in the conduct of the investigative action are notified about it.
      6. The protocol is presented for review to all persons, involved in the conduct of the investigative action. They shall be explained the right to make comments to be included in the protocol. All comments, additions, corrections, made in the protocol must be specified and certified by the signatures of these persons.
      7. The protocol shall be signed by the official, prepared it, the interrogated person, interpreter, specialist, identifying witnesses and all other persons, involved in the conduct of the investigative action. In case of refusal to sign or impossibility of signing the protocol of the investigative action, the identification of this fact shall be made in accordance with the seventh and tenth parts of Article 123 of this Code.
      8. The protocol shall be attached by photographic negatives and pictures, films, slides, soundtracks, video tapes, and other media, drawings, plans, schemes, casts and impressions of footprints, made in the production of the investigative action.
      9. If in the course of the investigative action, according to the results of research the specialist prepares an official document, it shall be attached to the protocol, about what a corresponding note shall be made in the protocol.

Article 200. Presentation to address the circumstances that
contributed to the commission of a criminal offence and
other violations of law

      1. Finding during the criminal proceedings the circumstances, contributed to the commission of a criminal offence, the person conducting the pre-trial investigation may make to the relevant state bodies, organizations, or the persons performing managerial functions in them, the presentation to ??address these circumstances or other violations of law.
      2. Presentations shall be subject to review with mandatory notification of the measures taken within one month.

Article 201. Prohibition of disclosure of data of the
pre-trial investigation

      1. The data of the pre-trial investigation cannot be disclosed. They may be made public only with the permission of the procurator in the extent to which it will be recognized that possible, if it is not contrary to the interests of the investigation and does not infringe the rights and legitimate interests of others.
      2. The person, conducting the pre-trial investigation, warns the defense counsel, witnesses, victim, civil claimant, civil defendant or their representatives, expert, specialist, interpreter, identifying witnesses and other persons, involved in the investigation, on the inadmissibility of the disclosure of the data available in the case without his (her) permission, about what the above persons shall give a personal recognizance with warning about the liability.

Chapter 25. Recognition of a person as the suspected
and identification of the qualification of an act
of the suspected

Article 202. Announcement on the recognition of a person
as the suspected

      1. If there is evidence, including paragraphs 1) - 4) of the second part of Article 128 of this Code, indicating that the person committed a crime, provided that there is no need to apply to him (her) a procedural detention, as well as in respect of the detainee when the application to him (her) of Article 139 of this Code, the body of the pre-trial investigation shall issue a decision, recognizing a person as the suspected.
      2. The decision on the recognition of a person as the suspected shall specify:
      1) the time and place of its preparation; a person, who made the decision; the surname, name and patronymic (if any) of the person, recognized as the suspected, the date, month, year and place of his (her) birth;
      2) in the commission of what criminal offence a person is suspected.
      Decision on the recognition as the suspected of a lawyer, procurator, investigator, interrogating officer, head of the investigation department, head of the body of inquiry in the commission by them of the offences in connection with the performance of professional and official duties, shall be approved by the head of the prosecutor’s office.
      Decision on the recognition of a person as the suspected shall be declared to that person. The person, conducting the pre-trial investigation shall clarify the person against whom the decision to recognize as the suspected is made, the rights of the suspected, as is noted in the decision, and shall give him (her) a copy of this decision.
      3. A copy of the decision on the recognition of a person as the suspected shall be sent to the procurator within twenty-four hours after its issuance.

Article 203. The definition of the qualification of
an act of the suspected

      1. If there is sufficient evidence to support the suspicion against a person, in the commission of a crime, the procurator, the person, conducting the pre-trial investigation, shall make a reasoned decision on the qualifications of an act of the suspected. The decision on the qualification of an act shall be made within a reasonable time.
      The decision on the qualification of an act of the lawyer, procurator, investigator, interrogating officer, head of the investigation department, head of the body of inquiry in the commission by them of crimes, associated with the performance of professional and official duties, shall be approved by the head of the prosecutor’s office.
      2. The procurator, the person conducting the pre-trial investigation, shall inform the suspected of the day for announcement of the decision on the qualifications of an act of the suspected, and at the same time shall explain to him (her) the right to invite a defense counsel or ask to ensure his (her) participation.
      3. In cases in which, in accordance with the rules of this Code the participation of the defense counsel is necessary, the procurator, the person conducting the pre-trial investigation, shall take measures to ensure his or her attendance, if the defense counsel is not invited by the suspected or his (her) legal representative or other persons on his (her) behalf, or his (her) consent.
      4. In determining the qualification of an act of the suspected, a copy of the identity document, certified by the procurator, the person conducting the pre-trial investigation shall be attached in the case materials, if it is not already done before.
      5. In the absence or loss by the suspected, accused of the identity document, its documentation shall be made by the authorized body in the manner, prescribed in consultation with the state bodies engaged in pre-trial investigation.

Article 204. Decision on the qualification of
an act of the suspected

      1. The decision on the qualification of an act of the suspected shall specify:
      1) the time and place of its preparation; a person who made the decision; the surname, first name and patronymic (if any) of the suspected, the date, month, year and place of his (her) birth;
      2) a description of the crime, for committing of which the person is suspected, with indication of the time and place of its commission, as well as other circumstances, to be proved in accordance with Article 113 of this Code;
      3) the Criminal Law (article, part, paragraph) providing for the liability for the crime, in committing of which the person is suspected.
      2. In suspicion of several criminal offences, the decision on the qualification of an act of the suspected shall specify in the commission of what specific actions (inaction) the person is suspected, on each of the articles (parts, paragraphs) of the criminal law.
      3. A copy of the decision on the qualification of an act of the suspected shall be sent to the procurator within twenty-four hours after its issuance.

Article 205. Mandatory attendance of the suspected

      1. The suspected, against whom a preventive measure in the form of detention in custody is not selected, shall be called for interrogation by written notice. Notification may also be transmitted by telephone or telegram or other means of communication.
      2. The notice shall specify the person called, where and to whom, the day and hour of attendance, as well as the consequences of absence.
      3. The notice shall be given to the suspected on receipt, and in case of his (her) temporary absence is handed over to an adult member of the family to transfer the suspected or is transferred to the housing organization or administration of the place of residence or in the administration of the place of work, who are obliged to submit notice for the suspected, called for interrogation. The suspected may be called by using other means of communication. In the case of finding the suspected outside of the Republic of Kazakhstan and its evasion to appear in pre-trial investigation bodies, a notice shall be published in the republican mass media, as well as in public telecommunication networks, and when his (her) location is known, in the mass media at the location of the suspected.
      4. The suspected, against whom, a preventive measure in the form of detention in custody is not selected, shall appear on call of the person conducting the pre-trial investigation, at the appointed time.
      5. About the reasons for failure to appear at the appointed time and if there are valid reasons, the suspected shall notify the person, conducting the pre-trial investigation.
      6. In case of absence without good reason, the suspect can be convoyed.
      7. The suspected, detained in custody, shall be called and convoyed through the administration of places of detention.

Article 206. The order for declaration to the suspected of
the decision on the qualification of his (her) act

      1. The decision on the qualification of an act of the suspected shall be declared in the presence of a defense counsel, if the participation of the defense counsel is required by law or requested by the suspected, and no later than twenty-four hours after the issuance of the decision. In case of absence of the suspected or his (her) defense counsel, the decision may be declared upon expiration of twenty-four hours.
      2. The suspected that is conveyed, the decision shall be declared on the day of the conveyance. In this case, the person conducting the pre-trial investigation shall take measures to ensure the participation of the defense counsel when declaring the decision to the suspected on the qualification of his (her) act in those cases, where the participation of the defense counsel is required by law.
      3. The person, conducting the pre-trial investigation, ascertaining the identity of the suspected and the instruction of the defense counsel to defend, declares the suspected and his (her) defense counsel a decision on the qualification of an act of the suspected.
      4. The person, conducting the pre-trial investigation shall clarify to the suspected the essence of the suspicion.
      5. Execution of the actions, specified in the third and fourth parts of this Article shall be certified by the signatures of the suspected, the defense counsel and the investigator on the decision of the qualification of an act of the suspected with the date and hour of its declaration.
      6. In the case of failure of the suspected to sign, the person conducting the pre-trial investigation, and the defense counsel, if he (she) participated in the declaration of the decision on the qualification of an act of the suspected, shall certify in the decision on the qualification of an act of the suspected that the text of the decision is declared.
      7. The suspected is handed a copy of the decision on the qualification of an act of the suspected.
      8. In the case of finding the suspected outside the Republic of Kazakhstan and his (her) evasion to appear in the criminal prosecution bodies the person, conducting the pre-trial investigation, and in the case of the appearance of the defense counsel -the defense counsel certifies on the decision of the qualification of an act of the suspected that the suspicion may not be declared in connection with his (her) location outside the Republic of Kazakhstan and evasion to appear in the pre-trial investigation bodies.
      If the location of the suspected is known, a copy of the decision shall be sent to him (her) with the means of communication, including by mail. If necessary, the person conducting the pre-trial investigation, with the consent of the procurator shall have the right to organize the publication of reports on the qualification of an act of the suspected in the republican mass media, the mass media on the location of the suspected, as well as in public telecommunication networks.

Article 207. Amendments and additions to the qualification
of an act of the suspected

      1. If during the pre-trial investigation there can be grounds to amend or supplement the qualification of an act of the suspected, the person conducting the pre-trial investigation, shall in compliance with the requirements of Article 204 of this Code make a new decision on the qualification of an act of the suspected and declare it to the suspected in the manner prescribed in Articles 205, 206 of this Code. Final qualification of an act of the suspected shall be defined by the date of the last decision.
      2. If during the pre-trial investigation the announced suspicion is not confirmed in any part, the investigator terminates the criminal prosecution in this part by his (her) decision and shall notify the suspected and other participants to the proceedings with the presentation of a copy of the decision.

Chapter 26. Interrogation and confrontation

Article 208. Procedure to call for interrogation

      1. A witness, victim, suspected is called for interrogation by the person conducting the pre-trial investigation, by notice.
      The notice shall specify the surname, first name, patronymic (if any) of a person, called for interrogation, the surname, first name, patronymic (if any), position of the person to whom the person is calling, the address and time to appear for interrogation (day, hour), the right to invite a lawyer, as well as the consequences of failure to appear without good reason.
      The notice shall be given to the person, who called for interrogation on receipt or transmitted by means of communication. In the temporary absence of the person, called for interrogation, the notice shall be given to an adult member of his (her) family or shall be transferred to the housing organization or the administration of the place of residence or in the administration of the place of work or on behalf of the person, conducting the pre-trial investigation, other persons and organizations that are required to transfer the notice to the person, called for interrogation.
      The person may be called by using other means of communication.
      The suspected, detained in custody, shall be called and convoyed for interrogation through the administration of the places of detention.
      2. The person, called for interrogation, shall appear at the appointed time or in advance notify the person, conducted the pre-trial investigation of the reasons for non-attendance. In case of absence without good reason, the person called for interrogation, may be convoyed or can be applied other coercive procedural measures provided for in this Code.
      3. The person who is not attained the age of eighteen, shall be called in for interrogation by his (her) legal representatives, and in their absence through the guardianship authorities or through the administration at his (her) place of work or study.
      4. A soldier shall be called for interrogation by the command of the military unit.

Article 209. The place, time and duration of the interrogation

      1. Interrogation shall be conducted at the place of the pre-trial investigation. The person, conducting the pre-trial investigation, may, if it deems necessary, carry out the interrogation at the location of the interviewee.
      2. The interrogation is conducted in the daytime, except in cases of urgency.
      3. The interrogation cannot go on continuously for more than four hours. Continuation of the interrogation is allowed after a break of not less than one hour for rest and meals, and the total length of interrogation during the day shall not exceed eight hours. In the case of medical indications, the length of the interrogation shall be established on the basis of the written doctor’s conclusion.
      4. The interrogation of a minor shall be carried out during the day and cannot continue without interruption for more than two hours, and in total - more than four hours a day. In the case of obvious fatigue, the interrogation of a minor shall be terminated before the expiry of that period.

Article 210. General rules of interrogation

      1. Before interrogation, the person conducting the pre-trial investigation shall make sure the personality of the interrogated. If there is doubt about speaking of the interrogated in language in which the proceedings are conducted, it is necessary to define, what language he (she) wishes to testify. Where necessary, the interpreter is provided to him (her) free of charge.
      2. The person, called for interrogation, shall be informed in what position, on what criminal case, he (she) will be interrogated, and he (she) shall be explained the rights and obligations provided in this Code, as is noted in the protocol.
      The persons, called in one case, shall be interrogated separately from other interrogated persons. The person performing the pre-trial investigation, shall take measures to ensure that the interrogated called in one case, cannot communicate with each other prior to the interrogation.
      3. The interrogation begins with a proposal to talk about the circumstances of the case known to the interrogated. If the interrogated talks about the circumstances that are clearly irrelevant, he (she) must be indicated on it.
      4. At the end of a free story the interrogated may be asked questions aimed at clarifying and completing the testimony. Ask leading questions is prohibited.
      5. If the testimony is associated with digital data or other information that are difficult to keep in mind, the interrogated shall have the right to use the documents and records which, at the request or with the consent of the interrogated may be attached to the protocol.
      6. If during interrogation the interrogated is presented material evidence and documents, is announced protocols of other investigative actions or is played audio and (or) video recordings, filming of investigative actions, this shall be recorded in the protocol of the interrogation. The testimony of the interrogated person, given by him (her) on the submitted evidence, declared protocols, played sound and (or) video recordings, filming of the investigative actions shall be written in the protocol.
      7. The interrogation of the deaf and dumb witness, victim, suspected, accused shall be carried out involving the person holding the sign language skills. Participation of this person in the interrogation shall be recorded in the protocol.
      8. If the person has mental or other serious illness, his (her) interrogation shall be carried out with the permission of the doctor and in his (her) presence.
      9. By decision of the person, conducting the pre-trial investigation, as well as at the request of the suspected, accused, witness or victim the sound and video recordings can be applied during the interrogation. The interrogated person shall be informed on the application of sound and video recordings prior to the interrogation.
      10. Sound and video recordings should reflect the entire course of the interrogation and contain all testimony of the interrogated persons. Sound and video recording of the part of interrogation, as well as repetition especially for recording the evidence and data, given during the same interrogation, is not permitted.
      11. At the end of the interrogation, the sound and video recordings shall be completely played to the interrogated. Additions to the sound and video recording of evidence, made by the interrogated, shall also be recorded on the sound and video recordings. Sound and video recordings are ended by the statement of the interrogated, certifying their correctness.
      12. Evidence, obtained during the interrogation with the use of sound and video recordings shall be recorded in the protocol of the interrogation. The protocol of the interrogation shall also contain: a note on the use of sound and video recordings and notification of the interrogated person on it; the information on scientific and technical means, conditions for sound and video recordings and the facts of their suspension, reason for and duration of the stop; statement of the interrogated about the use of sound and video recordings; a note on playing sound and video recordings to the interrogated; certification of the correctness of the protocol and the sound and video recordings by the interrogated and the person conducted the pre-trial investigation. Sound and video recordings are kept in the case and at the end of the pre-trial investigation shall be sealed.

Article 211. Additional and repeated interrogations

      1. Additional and repeated interrogations shall be conducted in compliance with the rules, provided for in Article 210 of this Code.
      2. Additional interrogation is conducted in cases, when:
      1) the interrogated person is willing to supplement or clarify the previously given testimony on the circumstances of the case under investigation due to their lack of clarity or incompleteness;
      2) there are new questions significant to the case to the previously interrogated person.
      3. Repeated interrogation is conducted in the following cases, when:
      1) procedural rules of the first interrogation are significantly violated;
      2) the interrogated person refuses to earlier testimony and is willing to provide new evidence.

Article 212. Protocol of the interrogation

      1. The progress and results of the interrogation are reflected in the protocol, made in compliance with the requirements of Article 199 of this Code.
      Testimony shall be written in the first person and literally as possible. Questions and answers shall be recorded in the order, which took place during the interrogation. The protocol shall also indicate the questions of the persons involved in the interrogation, that have been designated by the person conducting the pre-trial investigation, or to which the interrogated refuses to answer, with indication of the reasons for withdrawal or refusal.
      2. The protocol of the first interrogation shall indicate the identity of the interrogated, including: surname, first name, patronymic (if any), date and place of born, nationality, ethnicity, education; marital status, place of employment, occupation or position, place of residence, as well as other information that may be necessary in the circumstances of the case, in accordance with the rules of the fourth paragraph of Article 199 of this Code.
      In subsequent interrogation the information on the identity of the interrogated, if they are not changed, may be limited by indication of his (her) surname, name and patronymic (if any).
      The protocol of the interrogation of the suspected indicates the presence or absence of previous conviction.
      3. The interrogated person can make charts, drawings, pictures, diagrams, which shall be attached to the protocol, as it is noted in the protocol.
      4. The protocol shall indicate all persons, participated in the interrogation. Each of them should sign the protocol, as well as all the additions and clarifications made to it.
      5. After a free story, the interrogated shall have the right to present his (her) handwritten evidence. After the presentation of handwritten evidence and its signing by the interrogated, the person conducting the pre-trial investigation may ask complementary and clarifying questions.
      6. At the end of the interrogation, the protocol shall be presented for reading to the interrogated or disclosed upon his (her) request. The requirements of the interrogated to make the additions and clarifications in the protocol shall be binding.
      7. The fact of acquaintance with the testimony and the accuracy of their records shall be certified by the interrogated with his (her) signature at the end of the protocol. The interrogated shall also sign each page of the protocol. In case of refusal of the interrogated to sign the protocol, the person conducting the pre-trial investigation, finds out the reasons for refusal, put them in the protocol and certifies the protocol by his (her) signature.
      8. If the interrogated due to physical disability or other reasons is unable to personally sign the protocol, at his (her) request the protocol shall be signed by the defense counsel, representative, or other person, who the interrogated trusts, as is noted in the protocol.
      9. If an interpreter or a person, having the sign language skills participated in the interrogation, they shall also sign each page and the protocol as a whole. He (she) also signs the translation of handwritten testimony of the interrogated.

Article 213. Features of interrogation with using scientific
and technological means in video communication mode
(remote interrogation)

      1. Interrogation of a victim or witness may be produced by using scientific and technological means in video communication mode (remote interrogation) with their calling to the body of the pre-trial investigation of the area or region, city of republican significance, capital, where they are located or reside. During the remote interrogation, the participants in the procedural action live directly perceive the testimony of the interrogated person.
      Remote interrogation is conducted in the following cases:
      1) the inability of a person to arrive to the body, conducting the criminal proceedings at the place of investigation (review) of the criminal case for health or other valid reasons;
      2) the need to ensure security of the person;
      3) the interrogation of a minor or under-age witness or victim;
      4) the need to ensure the compliance with the periods of pre-trial investigation, judicial proceedings;
      5) the availability of the reasons that give reason to believe that the interrogation will be difficult or associated with unnecessary costs.
      2. The decision to produce remote interrogation shall be taken by the person, conducting the investigation of the case, on his (her) own initiative or at the request of a party or other participants to the criminal proceedings or as directed by a procurator with sending the order in the manner, provided in Article 188 of this Code.
      Use of scientific and technical means and technologies in remote interrogation should ensure the quality of picture and sound, as well as the information security.
      3. The progress and results of the investigative actions, conducted as a video shall be recorded in the protocol, compiled by the body for the pre-trial investigation, executing the order, in accordance with the requirements of Article 199 of this Code. The protocol of the remote interrogation shall contain information on the scientific and technical means of video, with helping of which the investigative action is conducted.
      Requirements of the interrogated to make additions and clarifications in the protocol shall be binding.
      Protocol after its signing shall be sent to the person, conducting the investigation of the case.
      4. In order to ensure the safety, a person at his (her) own request may be interrogated in a video communication with a change in appearance and voice, excluding his (her) recognition.

Article 214. Features of interrogation of the witness
and the victim

      1. Before interrogation, the person conducting the pre-trial investigation, find out the relationship of the witness, the victim to the suspected, explain to them the procedural rights and obligations, warns of criminal liability for refusing to testify. In this case, the person conducting the pre-trial investigation shall clarify that the witness, the victim has the right to refuse to give testimony, incriminating of committing a criminal offence of himself, wife (husband), close relatives and the priest also has the right not to testify against those who confided to him in confession. The witness, victim, who do not exercise this right are warned of criminal liability for perjury.
      2. If the witness appears to the interrogation with a lawyer, invited by him (her) to provide legal assistance, the lawyer shall present during the interrogation. At the end of the interrogation, the lawyer may bring comments and submit petitions on the merits of the interrogation that shall be noted in the protocol of the interrogation.
      3. The rest of the interrogation of the witness and the victim shall be conducted according to the rules of Article 210 of this Code.

Article 215. Features of the interrogation of a minor
witness or victim

      1. A teacher and (or) a psychologist shall be invited to participate in the interrogation of a witness or victim under the age of fourteen years, and at the discretion of the person conducting the pre-trial investigation, also in the interrogation of a witness or victim under the age of fourteen to eighteen years. During the interrogation of a minor witness or victim, their legal representatives shall have the right to present.
      2. Witnesses and victims under the age of sixteen years shall not be warned about the liability for refusal to testify and perjury. In explaining such witnesses and victims of procedural rights and liabilities they shall be instructed to speak only the truth. Minor witness and victim shall be explained the right to refuse to give testimony, incriminating of committing a criminal offence of themselves or close relatives.
      3. If the persons, mentioned in the first part of this article are involved in the interrogation, they shall be explained the right to make comments on the violation of human rights and legal interests of interrogated persons, to be entered in the protocol, as well as with the permission of the person conducting the pre-trial investigation, they may ask questions to the interrogated. The person conducting the pre-trial investigation shall be entitled to disallow the question, but he (she) shall bring it in the protocol and indicate the reason for removal.

Article 216. Features of the interrogation of a suspected

      1. Prior to the interrogation, the person conducting the pre-trial investigation, informs the suspected, in committing what criminal offence he (she) is suspected, and explains him (her) his (her) rights under Article 64 of this Code, including the right to refuse to testify.
      2. Explaining to the suspected the essence of the suspicions, the person conducting the pre-trial investigation, finds out whether the suspected recognizes the guilt in whole or in part, or deny his (her) guilt in a criminal offence.
      Refusal of the suspected to answer is regarded as non-recognition of his (her) guilt.
      3. The interrogation begins with a proposal to the suspected to testify about the suspicions and all other circumstances that may be relevant to the case.
      4. Participation of defense counsel is mandatory in the cases provided for in Article 67 of this Code, subject to the provisions of the second part of Article 69 of this Code.
      5. The rest of the interrogation of the suspected shall be carried out according to the rules of Article 210 of this Code.

Article 217. Features of the interrogation by the investigating
judge of the victim, witness (deposition testimony)

      1. The procurator, the suspected or his (her) lawyer, involved in the case as a defense counsel, shall have the right to make petition for interrogation by the investigating judge of a person who is a victim, a witness, and in the case, if there is reason to believe that their late interrogation in the course of the pre-trial investigation or the court session may not be possible due to objective reasons (permanent residence outside of the Republic of Kazakhstan, travel abroad, serious health condition, the use of safety measures), as well as in order to avoid the subsequent interrogation of minor witnesses and victims to exclude traumatic effects.
      The person, conducting the pre-trial investigation, shall have the right to initiate before the procurator the issue of sending a request to the investigating judge on the deposit of the testimony. The person, conducting the pre-trial investigation, shall attach to the request the criminal case materials, confirming the need to deposit the testimony of the victim or witness.
      Considering the submitted materials, the procurator within a day decides on sending the request to deposit the testimony to the investigating judge.
      2. The investigating judge shall consider the request within three days of its receipt, and by the results shall make a reasoned decision on approval or refusal to satisfy the request. In the case of satisfying of the request the investigating judge appoints the time of interrogation as soon as possible, as notified the procurator, the suspected and his (her) lawyer, involved in the case as a defense counsel. The decision of the investigating judge to refuse to satisfy the request shall be appealed and protested in the manner provided in Article 107 of this Code. The refusal of the investigating judge to satisfy the request shall not prevent the repeated applying of the persons, referred to in the first part of this article, if there are circumstances pointing to the existence of grounds for sending the request on the deposition of the testimony to the court.
      3. The interrogation by the investigating judge of the victim and the witness shall be carried out in the presence of the procurator, the suspected (if any), his (her) lawyer involved as a defense counsel, and, if necessary, and other participants to the proceedings. The suspected is not called for interrogation, if the presence of the suspected during interrogation threatens the safety of the victim or the witness. Ensuring the attendance of persons to participate in the court session for deposition of the testimony is assigned to the persons, who made the request to the investigating judge. Defense counsel of the suspected may apply, for calling of the person, to the investigating judge for assistance in securing the attendance of the person for interrogation.
      Due to the absence for a valid reason of the procurator, defense counsel, the suspected, the interrogation may be delayed, if the circumstances listed in the first part of this Article, do not prevent.
      4. Interrogation and keeping of the protocol in the interrogation by the investigating judge shall be made in compliance with the rules of Articles 347, 369, 370, 371 of this Code.
      5. Protocol of the court session, which contains the deposited by the investigating judge testimony of the interrogated person, shall be signed by the judge and the court session secretary. The persons, attended in deposition of the testimony may obtain a copy of the protocol of the court session and bring their comments in it within five days after its signing. Comments in the protocol shall be considered by the investigating judge on the day of receipt with making a decision on their acceptance or rejection. Thereafter, the protocol of the court session, comments in it, if they are brought, and the judge’s decision on their consideration shall be sent to the procurator to be attached to the criminal case materials.
      Footnote. Article 217, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 218. Confrontation

      1. The person conducting the pre-trial investigation, shall be entitled to carry out a confrontation between two previously interrogated persons, if there are significant contradictions in their testimony, to clarify the reasons of these contradictions.
      2. A defense counsel, a teacher and (or) a psychologist, a doctor, an interpreter and the legal representative of the interrogated person may attend at the confrontation in the cases provided for in this Code.
      3. At the beginning of the confrontation it is clarified whether the persons, between whom the confrontation is held, know each other, and in what relations they are. The witness and the victim shall be warned of criminal liability for refusing to testify, avoiding to testify and perjury, as well as the interrogated persons shall be clarified the right not to testify against him(her)self, wife (husband) and their close relatives, as well as the priest against those who confided him (her).
      4. The persons, called to confront shall be alternatively invited to give evidence about the circumstances of the case, to clarify which the confrontation is held. After that, the person conducting the pre-trial investigation asks questions. The persons, called to confront, with the permission of the person conducting the pre-trial investigation, may ask questions to each other.
      5. During the confrontation, the person conducting the pre-trial investigation shall have the right to present the attached to the case material evidence and documents.
      6. Announcement of testimony, given by the participants of the confrontation at previous interrogations shall be permitted after their testimony at the confrontation and entering them in the protocol.
      7. The process and results of a confrontation shall be reflected in the protocol, compiled by the rules provided for in Article 199 of this Code.
      8. The person conducting the pre-trial investigation introduces the participants to the confrontation with the content of the protocol. The interrogated persons shall have the right to request amendments and additions to the protocol. The protocol of confrontation shall be signed by the person conducting the pre-trial investigation and interrogated persons. Each interrogated person shall sign his (her) testimony and each page of the protocol.

Chapter 27. Inspection, examination

Article 219. Inspection

      In order to detect and identify traces of a criminal offence and other material objects, clarify the situation of the accident and to establish the circumstances relevant to the case, the person conducting the pre-trial investigation makes the inspection of the territory, buildings, objects, documents, survivors, corpses of animals. Instructions of the person conducting the inspection shall be binding for all participants in this investigative action.

Article 220. General rules of inspection

      1. Inspection is usually performed immediately, when it becomes necessary.
      2. The person conducting the pre-trial investigation, after receiving a statement or a report of a criminal offence, shall immediately arrive at the scene and inspect.
      3. In case of inability to timely arrival of the person conducting the pre-trial investigation, the inspection shall be carried out by the interrogating officer or another employee of the body of inquiry, which received a statement or a report.
      4. Employees of the body of inquiry are obliged to assist in the inspection and on behalf of the person conducting the pre-trial investigation, to carry out the necessary measures to protect the scene, identify eyewitness, detection and detention of persons who committed a criminal offence, evacuation of suffered persons, transportation of the dead, suppression of the continuing and prevention of the repeated criminal offences and the elimination of other consequences of the accident.
      5. Inspection is performed with the use of scientific and technical means for process and results, and in the cases specified in the thirteenth and fourteenth parts of this article, with the presence of identifying witnesses.
      6. If necessary, inspection is carried out with the participation of the suspected, victim, witness, as well as a specialist.
      7. Inspection of the detected traces and other material objects shall be carried out on the site of an investigative action. If inspection takes a long time or inspection on the site of detection is much more difficult, the objects must be removed, packed, sealed and delivered without damage to other convenient place to explore.
      8. All detected and seized during the inspection objects must be made understood to other participants in the inspection, as is noted in the protocol.
      9. Only those objects that may be relevant to the case shall be seized. The confiscated objects shall be packed, sealed and certified by the signature of the person, conducting the pre-trial investigation, and identifying witnesses during their involvement.
      10. Persons, involved in the inspection, shall have the right to pay attention of the person, conducting the pre-trial investigation, to all that, in their conclusion, would assist in clarifying the circumstances of the case.
      11. Where necessary during inspection the measurements are made, plans and schemes of the inspected facilities are drawn up, as well as photographs and imprinting by other means shall be made, as is noted in the protocol, which is attached to these materials.
      12. Inspection of a living person is carried out in the form of visual, external examination of the clothes in which he (she) dressed, and exposed parts of the body, the process and the results of which shall be reflected in the protocol of the investigative action.
      13. Inspection of premises shall only be with the consent of the adult persons living there or by the sanction of the procurator. If the person living in it are minors or knowingly suffering from mental or other serious illness or object to the inspection, the person conducting the pre-trial investigation, shall make an order for compulsory inspection, which must be sanctioned by the procurator. In the case of refusal to give sanction, the inspection shall not be performed.
      14. If the premise is a scene of the incident and its inspection is urgent, the inspection of premises can be made by the decision of the person conducting the pre-trial investigation, but with subsequent notification of the procurator within a day on the performed inspection to verify its legitimacy. After receiving such notification, the procurator verifies the legality of the performed inspection and issues a decision on its legality or illegality, which is attached to the case materials. If the decision on the illegality of the performed inspection is made, the results cannot be admitted as evidence in the case.
      15. When inspection of the premise, the presence of living in it an adult must be ensured. In case of failure of his (her) presence, the representatives of the local executive body shall be invited.
      16. Inspection of the premises and the territory of the organization shall be carried out in the presence of representatives of the administration.
      17. Inspection of the premises, occupied by diplomatic missions, as well as the premises, inhabited by members of diplomatic missions and their families, may be made only at the request or with the consent of the head of the diplomatic mission or his (her) substitute, and in his (her) presence. Consent of the diplomatic representative is sought through the Ministry of Foreign Affairs of the Republic of Kazakhstan. The presence of a procurator and a representative of the Ministry of Foreign Affairs of the Republic of Kazakhstan shall be mandatory during the inspection.
      18. If for any reason parts of the object are unexplored at the first inspection, their additional inspection shall be made.
      19. Repeated inspection of the same object can be carried out:
      1) when the conditions of the initial inspection were unfavorable for the efficient perception of the object;
      2) when, after initial inspection the new information can be obtained;
      3) if the initial inspection is carried out poorly.

Article 221. Inspection and storage of material evidence

      1. Items found during inspection of the scene, place or premises, seized during the search, seizure, investigative experiment or other investigative actions or submitted at the request of the person conducting the pre-trial investigation, organizations and citizens, shall be subject to inspection under rules of Article 220 of this Code.
      2. After inspection, these items can be recognized in accordance with the rules of Article 118 of this Code as material evidence. The person, conducting the pre-trial investigation shall issue a decision on recognition of the item as material evidence, and attachment of it to the case. The same decision shall resolve the issue of leaving of real evidence in the case or its deposit to the owner or other persons or organizations.
      3. If the items due to their large size or other reasons cannot be kept in the criminal case, they must be sealed by means of a photo or video, if possible, sealed and stored in a location specified by the person conducting the pre-trial investigation. The sample material evidence may be attached to the case. The appropriate certificate about the location of the material evidence shall be in the case.
      The order of seizure, registration, storage, transfer and destruction of material evidence, as well as keeping money in local and foreign currency, seized by the body, conducting the pre-trial investigation shall be determined by the Government of the Republic of Kazakhstan.
      4. Material evidence, subject to rapid deterioration, if they cannot be returned to the owner, shall be given to the appropriate organization, defined by the local executive body for its intended use or sale with entering the amount on deposit of the body, conducting the pre-trial investigation. Material evidence, storage of which are expensive, if they cannot be returned to the owner, after expiry of six months after due notice and in case of failure to identify the owner - in the same period from the date of recognition of the items as physical evidence shall be sold. Material evidence shall be sold in accordance with the legislation with entering the received amount on deposit of the body, conducting the pre-trial investigation. If there is reason, the used or sold material evidence shall be reimbursed to the owner by the objects of the same kind and quality, or he (she) shall be paid their cost from the state budget under the court decision.
      Narcotic drugs, psychotropic substances in quantities, exceeding the set limit for their inclusion in especially large amounts on each name (kind), after forensic examination on the basis of the decision of the criminal prosecution body with the consent of the procurator must be destroyed in the manner, prescribed by the Government of the Republic of Kazakhstan, with the exception of attached to the case samples that are recognized as material evidence. The decision, agreed with the procurator on the destruction of a drug and the act of its actual destruction, drawn up in accordance with the law and using video in the destruction, shall be attached to the criminal case.
      For attachment of samples of narcotic drugs to the criminal case the person conducting the pre-trial investigation on the basis of the corresponding decision, agreed with the procurator, with the mandatory participation of specialists and using of video recording, from the total weight of the seized narcotic drugs, psychotropic substances should be selected the samples in an amount equal to the value of a particularly large amount, established by law for the respective narcotic drugs, psychotropic substances, on each name (kind), is packed and sealed, the packaging is recorded the name of the substance and its quantity, and the reliability of the contents of the package shall be certified by the signatures of the persons who participated in this action.
      If necessary to use the seized from illicit traffic narcotic drugs or psychotropic substances during a controlled delivery or other undercover investigative actions with the consent of the procurator, their destruction cannot be made until the completion of the relevant undercover investigation.
      5. When transfer of the case by the body of inquiry to the person conducting the pre-trial investigation, or from one body of inquiry to another body of inquiry or from one person conducting the pre-trial investigation to another, as well as sending the case to the procurator and the court, the material evidence shall be transmitted in accordance with the established procedure, except for the cases, provided for in the third and fourth parts of this article. Material evidence is transferred in a packed and sealed form with the annex thereto inventory, containing an indication for individualizing their symptoms.
      6. Upon the termination of the criminal case, the fate of material evidence and items that are not recognized as such shall be resolved under the rules of the third part of Article 118 of this Code.

Article 222. Inspection of a human corpse

      1. External examination of a human corpse in the place of its discovery shall be made in compliance with the general rules of inspection and mandatory participation of a specialist in forensic medicine, and when he (she) cannot participate – other doctor. Other specialists may be involved in the inspection of the human corpse.
      2. In the case of additional or repeated inspection of the human corpse, the participation of a specialist in forensic medicine is not necessary.
      3. Photography, fingerprinting of the unidentified human corpse, as well as obtaining of the samples for expert examination are mandatory.
      4. External inspection of the human corpse shall not replace or preclude the subsequent forensic examination.
      5. Statements of citizens on the identification of the deceased, made in the process of inspection of the body, shall be entered in the protocols of the investigative action, followed by interrogation of the applicant as a witness that does not preclude the further presentation of the human corpse for identification of others.

Article 223. Examination

      1. To detect in the human body distinguishing marks, traces of a criminal offence, signs of injury, identification of intoxicated or other properties and attributes, relevant to the case, if it does not require expertise, the examination of the suspected, victim, witness, applicant and the person to whom the applicant points directly as a person who committed a criminal offence, may be conducted.
      2. The person conducting the pre-trial investigation makes a decision on an examination that shall be binding on the suspected, accused, as well as those on which the applicant points directly as a person who committed a criminal offence.
      Compulsory examination of the victim, witness, applicant shall be made by the procurator.
      3. The examination shall be made by the person conducting the pre-trial investigation, with the participation of a doctor or other healthcare specialist.
      4. The person, conducting the pre-trial investigation, shall not be present at the examination of a person of the opposite sex, if the examination is accompanied by the exposure of the human body. In this case, the examination is conducted by the specialist in forensic medicine or a doctor.

Article 224. Protocols of inspection, examination

      1. The process and results of the inspection, examination shall be recorded in the protocol, which is made by the person conducting the investigative action, in compliance with Article 199 of this Code.
      2. The protocol describes all produced during the inspection or examination activities, as well as all discovered during the inspection or examination in the order in which they are conducted, and in the form in which there is detected at the time of inspection or examination. The protocol lists and describes all the objects, seized during the inspection or examination.
      3. The protocol shall specify: at what time, in what weather and lighting the inspection or examination is conducted; what scientific and technical means are used and what the results are obtained; who is involved in the production of this investigative action and what part is expressed; which objects are sealed and by what seal; where a human corpse or objects relevant to the case are directed after inspection.

Chapter 28. Exhumation

Article 225. Grounds for exhumation

      1. Removing the human corpse from the place of burial (exhumation) is performed, if required:
      1) to inspect the corpse of a person, including additional or repeated inspection;
      2) to present for identification;
      3) to obtain samples for the expertise and to make the expertise;
      4) to establish other circumstances that are relevant to the case.
      2. The exhumation is based on a reasoned decision of the person conducting the pre-trial investigation, sanctioned by the court. One of the relatives of the deceased is notified on the production of exhumation.
      Decision on exhumation is binding for the administration of the place of burial.

Article 226. Procedure for sanctioning the decision
on the exhumation

      1. If necessary the production of the exhumation, the person conducting the pre-trial investigation, shall make a decision about applying to the court for production of the exhumation and shall direct it to the procurator.
      The decision shall be attached by the certified copies of materials of the criminal case, confirming the need for the production of exhumation.
      2. After considering the submitted materials, the procurator maintains the request or makes a reasoned decision not to maintain it. While maintaining the request, the procurator shall send the decision rendered and materials to the court.
      The procurator’s refusal to maintain the request shall not prevent repeated applying with the same request.
      3. The request for sanctioning the exhumation is considered individually by the investigating judge without the participation of the parties within three days from receipt of materials to the court.
      4. After considering the request and the submitted case materials, the investigating judge shall issue a decision to sanction or refuse to sanction the exhumation. The decision shall be sent to the procurator and the criminal prosecution body, made the decision on the exhumation, for execution.
      5. Decision on the exhumation or refusal may be appealed, protested in the manner provided in Article 107 of this Code.

Article 227. Procedure of exhumation

      1. Exhumation is produced by the administration of the place of burial in the presence of a specialist in forensic medicine with the prior notice by the body of the pre-trial investigation of the local sanitary-epidemiological service.
      The person conducting the pre-trial investigation, made the decision on the exhumation shall participate in the production of exhumation.
      2. Identification and inspection of a human corpse, obtaining samples can be produced on the place of exhumations.
      3. After exhumation, the human corpse can be delivered to the medical organization to conduct other studies.
      4. The bodies of inquiry shall assist the person conducting the pre-trial investigation in the exhumation.
      5. The process and results of exhumation shall be recorded in the protocol, which is made in compliance with the requirements of Article 199 of this Code.
      The protocol shall include:
      1) the date, time and place of investigative action;
      2) surname, first name, patronymic (if any) and position of the person conducting the pre-trial investigation;
      3) position, surname, first name, patronymic (if any) of a specialist in forensic medicine, who participated in the exhumation;
      4) surname, first name, patronymic (if any), year, month, date, place of birth, place of residence of the involved close relatives or legal representatives of the deceased;
      5) information about other persons, involved in the production of the exhumation;
      6) a note of photography, the use of sound, video, film or other recording scientific and technical resources and information about them;
      7) surname, first name, patronymic (if any) of the buried, date of death, as well as the actions and all found during the exhumation material objects in the order in which they are conducted and detected;
      8) remarks of the persons involved in the investigative action;
      9) the institution, where the human corpse or other items relevant to the case found in the production of this investigation are sent after the exhumation.
      6. The protocol of the exhumation shall be signed by all participants to the investigative action. If the protocol consists of several pages, the participants of the investigative action shall sign each page.
      If during the exhumation photography, video, film is used or other recording scientific and technological means are applied, the photographs, films or other media shall be attached to the protocol.
      7. If the identification, inspection of the corpse, obtaining samples is produced in another place, a separate protocol shall be made about this.

Article 228. Burial of a human corpse after exhumation

      Burial of a human corpse after exhumation and subsequent procedural actions shall be made by the administration of the place of burial in the presence of the person who made the decision on exhumation. The protocol on the burial of a human corpse shall be made.

Chapter 29. Identification

Article 229. Presentation for identification

      1. In order to establish the identity or difference with the previously observed person or object, the person conducting the pre-trial investigation may bring to identify a person or object to the witness, victim, suspected. The corpse may also be brought for identification.
      2. The identifying persons are previously questioned about the circumstances in which they observed the person or thing, the signs and characteristics by which they can make the identification.

Article 230. The order of presentation for identification

      1. A person, subject to identification, is presented to the identifying person together with other persons of the same sex who do not have sharp differences in appearance and clothing. The total number of persons, presented for identification, must be at least three. This rule does not apply to the identification of a human corpse.
      2. Participation in the investigative action of other persons, among which the identifiable is, shall only be possible with their voluntary consent and provided that the identifying person do not know them.
      3. As a rule, the corpse is presented in the singular. In cases of disasters and other cases with a significant number of victims, presentation for identification of the corpse can be made in the total number of victims. Where necessary, as directed by the person conducting the pre-trial investigation, before showing the corpse for the identifying person, the specialist makes face painting (“toilet”) of the corpse. Instruction of the person conducting pre-trial investigation, for preservation of the corpse at its location shall be obligatory for the period of time, required to presentation for the identification.
      4. If the identifying person is a witness or victim, he (she) shall be warned before the identification of the criminal liability for refusal to testify, for perjury, he (she) shall be explained the right not to testify against him(her)self, wife (husband) and his (her) close relatives, as well as the priest against persons, trusting him in confession.
      5. Before starting the identification, the person conducting the pre-trial investigation, offers to an identifiable to take any place between other persons, it is noted in the protocol.
      6. If it is impossible to present a person, the identification can be made by his (her) photo, presented together with photographs of others, possibly similar in appearance to an identifiable, in an amount not less than three, as well as by sound and video recording.
      7. The object is presented in a group of similar items in an amount of not less than three. When identifying the object for which it is impossible or difficult to pick up similar objects, identification is performed on a single presented sample.
      8. The identifying person is asked to indicate the person or item about which he (she) testified. Leading questions are not allowed.
      9. If the identifying person pointed to one of the presented persons or one of the items, he (she) shall be proposed to explain on what signs or characteristics he (she) found the person or item.
      10. Presentation for identification shall be made with using scientific and technological means of progress and results.
      11. In order to ensure the safety of the identifying person, as well as in identifying by features of voice, speech, gait, the presentation of a person for identification can be made under conditions precluding visual observation of the identifying person by the identifiable. The identifying person must be ensured the possibility of sufficient visual observation of the persons, presented for identification.
      12. It is not allowed to provide repeated identification of the person by the same identifying person under the same signs.
      13. The protocol on the presentation for identification shall be drawn up in compliance with the requirements of Article 199 of this Code. The protocol shall specify the conditions, the process, the results of identification and, if possible, verbatim explanations of the identifying person. If the presentation of a person for identification is carried out under conditions excluding the visual observation of the identifying person by the identifiable, it is also noted in the protocol.

Chapter 30. Undercover investigative actions

Article 231. Types of undercover investigative actions

      According to the provisions of this Chapter, the following undercover investigative actions are performed:
      1) undercover audio and (or) video surveillance of the person or place;
      2) tacit control, interception and removal of information, transmitted over electrical network (telecommunication) communication;
      3) secret obtaining of the information about the connections between subscribers and (or) subscriber units;
      4) unofficial collection of information from computers, servers and other devices for collecting, processing, accumulation and storage of information;
      5) undercover control of postal and other items;
      6) unspoken penetration and (or) site survey;
      7) secret surveillance of a person or place;
      8) secret controlled delivery;
      9) secret controlled purchase;
      10) secret introduction and (or) imitation of criminal activity.

Article 232. Terms and grounds for undercover
investigative actions

      1. The undercover investigative actions, provided in this chapter shall be carried out, if to clarify the circumstances, subject to proof in a criminal case, the information about the facts must be obtained without informing the persons, involved in the criminal process, whose interests they affect.
      2. Undercover investigative actions, except for the secret control of postal and other items, shall be performed on behalf of the body of pre-trial investigation by the authorized unit of the law enforcement agency or special state body with using the forms and methods of operational and search activities.
      3. Undercover investigative actions under paragraphs 1) - 6) of Article 231 of this Code shall be carried out with the sanction of the procurator, the procedure of which is established by Article 234 of this Code.
      4. Undercover investigative actions shall be carried out in the presence of one of the following grounds:
      1) in cases of crimes, the sanction for the commission of which provides for a penalty of imprisonment for one year or more;
      2) for crimes, prepared and committed by a criminal group;
      5. In order to detect, suppress and disclosure of other criminal offences, not provided for by the fourth part of this article, the undercover investigative actions provided for only by paragraphs 7) - 10) of Article 231 of this Code may be carried out.
      6. In case of a threat to life, health, property of individuals at their request or with their written consent it is permitted to carry out the undercover investigative actions, specified in paragraphs 1) and 2) of Article 231 of this Code, on the basis of the decision of the body of pre-trial investigation with mandatory notification of the procurator within twenty-four hours after the decision-making.
      7. Undercover investigative actions are carried out in respect of:
      1) the person who in the statement, reporting a criminal offence is specified as the person, preparing and committing or committed the offence, or in respect of which there are other reasons to believe that he (she) is relevant to the offence under investigation, or has knowledge of the preparing and committing or committed criminal offence;
      2) the suspected;
      3) the victim, with his (her) written consent;
      4) a third party, if there is evidence that a third person receives or transmits information relevant to the case;
      5) the place, in case if there are circumstances or expected their appearance, which may be relevant to the case.
      8. It is prohibited to carry out undercover investigative actions against lawyers, offering professional assistance, except in cases where there is reason to believe that they prepared or committed grave or especially grave crime.
      9. It is not allowed to carry out undercover investigative actions, as well as using the obtained in the course of their conduct information to achieve the goals and objectives, not provided by this Code.
      10. The procedure for conducting undercover investigative actions is determined by law enforcement agencies and special state bodies in consultation with the Procurator General of the Republic of Kazakhstan.

Article 233. Decision on conducting an undercover
investigative action

      1. An authorized official of the body, entrusted with the conduct of undercover investigative action shall make a decision in compliance with the requirements of Article 198 of this Code.
      The decision shall contain:
      1) the time and place of its making;
      2) the position, name and initials, personal signature of the person who made the decision;
      3) the name and initials, position of the authorized procurator, sanctioning the action;
      4) the number of criminal case, under which it is supposed to carry out undercover investigative actions;
      5) Articles of this Code, under which the decision is made;
      6) a shot summary of the theory of the criminal case;
      7) the rationale for conducting undercover investigative action;
      8) information about the person, place or thing in respect of which it is planned to carry out an undercover investigative action;
      9) the duration of the undercover investigative action;
      10) information about the body, entrusted with the conduct of undercover investigative action.
      2. In order to avoid the decoding of the object, in respect of which the undercover investigative action is carried out, it is allowed to specify an alias, the code name instead of real data in the decision. The corresponding decision on the change of data in compliance with the confidentiality requirements shall be made, and it is agreed with the procurator.

Article 234. Sanctioning of undercover investigative actions

      1. The sanction to conduct undercover investigative actions by the decision of the body of pre-trial investigation shall be given by the Procurator General of the Republic of Kazakhstan and his (her) deputies, procurators of regions and equivalent procurators.
      Sanction shall be given only to the registered in the manner, prescribed by this Code reports and statement of crimes.
      2. The decision to conduct the undercover investigative action within twenty-four hours after its issuance, together with the materials, confirming the validity of the said investigative action, shall be presented to the authorized procurator.
      The procurator, checking the legality and validity of the decision, within twenty-four hours after its receipt to the prosecutor’s office, shall make a decision on its sanctioning or refusal to sanction.
      In cases of obtaining additional materials it is allowed to consider the decisions over the established term, but not more than seventy-two hours.
      In the case of invalidity of the decision, the procurator refuses to sanction it. Refusal is issued by drafting a cover letter for the return without sanctioning the decision, specifying the reasons for the refusal.
      3. The procurator, who gave sanction for its conduct shall be notified about the results of the undercover investigative action no later than two days after its termination.

Article 235. Conducting undercover investigative
actions in cases of urgency

      1. In cases of urgency, it is allowed to conduct undercover investigative actions, specified in the third part of Article 232 of this Code, notifying the procurator within twenty-four hours, and with the subsequent reception of the sanction in the manner, prescribed in Article 234 of this Code.
      2. The procurator, after examining the submitted materials, if agrees with the urgency of the conducted undercover investigative action shall sanction the decision to conduct undercover investigative action, in case of disagreement, shall order its termination and non-use of the results obtained as evidence.

Article 236. Dates of undercover investigative actions

      1. Undercover investigative action, subject to sanction shall be carried out in a period of not more than thirty days.
      2. If necessary to continue to carry out undercover investigative actions, the body that initiated their conduct, three days before the expiry of the term shall make a reasoned decision about the necessity of extending it for a certain period and shall sent to the procurator to decide on the sanctioning. Upon receipt of the procurator’s sanction, the decision shall be sent to the authorized body, conducting undercover investigative action, for execution. The procurator may sanction an extension of the undercover investigative action, by setting a shorter period than that indicated in the decision. Without the need for continuation of the undercover investigative action, the procurator refuses to sanction and the undercover investigative action is terminated.
      3. The total duration of the undercover investigative action may be extended by the procurator of the region or equivalent procurator to six months. Further extension of the period for undercover investigative action is carried out by the Procurator General of the Republic of Kazakhstan or his (her) deputies.
      4. Uncover investigative action may be performed at any time of the day and continuously during the whole period of its conduct.

Article 237. Presentation of the results of undercover
investigative actions

      1. At the end of the undercover investigative action all relevant to the case materials, obtained in the course of its conduct, shall be sent in compliance with the privacy to the body of pre-trial investigation by a cover letter.
      2. The body of pre-trial investigation may, at any time, request from an authorized unit of the law enforcement agency or special state body the results of their activities for study, evaluation and initiation to the investigation materials.

Article 238. The study of information obtained as a result of
undercover investigative action, and its use as evidence

      1. Study of the results of undercover investigative action shall be carried out by the body of pre-trial investigation in compliance with the requirements of Articles 47 and 124 of this Code, if necessary with the involvement of a specialist and the staff member of the body of inquiry.
      The protocol on the results of the study shall be drawn up in compliance with the requirements of Articles 47 and 199 of this Code, which reflects the results of the undercover investigative actions.
      2. Actual data, relating to the investigation, shall be attached to the protocol.

Article 239. Evaluation and use of the results of undercover
investigative actions in proving

      1. The results of undercover investigative actions are evaluated according to the rules, laid down in Articles 25 and 125 of this Code.
      2. Protocols of the study results of the undercover investigative actions, sound recording and recording of images, photos, other results recorded with the help of scientific and technological means, seized items and documents or copies thereof are used in the proof along with the evidence obtained as a result of the investigation.
      3. If secretly recorded statements or actions of any person are used in proving, that person must necessarily be questioned about it. When familiarization of a person with actual data, obtained without his (her) knowledge, this person is informed of the produced undercover action in so far as they relate directly to the person and exclude disclosure of state secrets and other secrets protected by law.

Article 240. Familiarization with materials, not attached to
the protocols of undercover investigative actions

      1. The results of undercover investigative actions that the investigator, the interrogating officer deemed not to have evidentiary value in criminal proceedings, shall not be attached to the investigation materials and kept at the authorized unit of the law enforcement agency or special state body under conditions, precluding the opportunity to become familiar with them of the unauthorized persons, before making the final decision on the case, then destroyed with the drafting of the relevant act.
      Relevant procurator shall be notified two months before the date of the destruction of the results of undercover investigative actions that the pre-trial investigation body deemed not to have evidentiary value in criminal proceedings.
      2. A person in respect of which, the undercover investigative actions are performed, shall be entitled to apply for his (her) familiarization with the data, not attached to the investigation within the limits, precluding disclosure of state secrets and other secrets protected by law. An application is considered by the investigator, the interrogating officer, the procurator, and when the application is received during the consideration of the case by the court – by the judge.
      3. The investigator, interrogating officer, procurator and the court shall assess the application taking into account the possible value of the materials in the criminal proceedings and admitted human rights restrictions.
      The investigator, interrogating officer, procurator, judge may reject the application for familiarization with the unattached materials, if it can pose a substantial threat to life, health or legally protected interests of any person involved in criminal proceedings or if it affects privacy of a third party.
      4. After familiarization with the unattached materials the person may apply for their inclusion in the materials of the criminal case. The refusal of the investigator, the interrogating officer, the procurator in satisfaction of the application may be appealed in accordance with Articles 105 and 106 of this Code, the judge’s refusal shall be appealed together with the complaint to the judicial act, which completed the consideration of the case in court.
      5. The decision on the declared during the judicial proceedings application for familiarization with the not attached to the case materials of the undercover investigative action shall be taken by the same composition of the court, which is considering the case.

Article 241. Measures for the protection of information
in criminal proceedings

      1. Information about the fact of undercover investigative action and information obtained as a result of its conduct, before the end of the undercover investigative action shall be confidential, for the disclosure of which the officials or those involved in its production, shall be liable according to the law.
      2. Information about the methods of undercover investigative actions, the people who conducted them, including persons operating on a confidential basis and in a conspiratorial form is state secrets and shall not be subject to disclosure.
      3. The body for pre-trial investigation uses all legal means to limit the spread of the information obtained as a result of the undercover investigative action if they affect the privacy of the person or relate to other secrets protected by law.

Article 242. Undercover audio and (or) video surveillance
of the person or place

      1. Undercover audio and (or) video surveillance of the person - is a secret control of speech and other information, as well as the actions of a person, if necessary, produced by covert penetration and (or) survey, using video, audio or other special scientific and technological means with simultaneous fixation of their contents in a tangible medium.
      2. Undercover audio and (or) video surveillance of the place – is a secret control of conversations and other sounds and (or) events, occurring at a specific point, if necessary, produced by covert penetration and (or) site survey, using video and audio or other specialized scientific and technical means with simultaneous fixation of their contents in a tangible medium.
      3. After recognizing the need for undercover audio and (or) video surveillance of the person or place, the investigator, interrogating officer shall give the appropriate instructions to the body of inquiry.
      4. The protocols of delivery of the technical means shall be certified by the signatures of the person to whom it is given, a staff member of the body of inquiry and (or) the investigator, the interrogating officer.
      5. Upon completion of undercover audio and video surveillance of the person or place, the authorized body shall present to the investigator, interrogating officer relevant to the case audio and video recording under seal with a cover letter, which should specify the base, start and end time, duration of the recording.

Article 243. Tacit control, interception and removal
of information, transmitted over electrical network
(telecommunication) communication

      1. Tacit control, interception and removal of information, transmitted over electrical network (telecommunication) communication – is secret listening and (or) recording of voice information using scientific and technical means and (or) computer programs, transmitted by telephone or other device that allows to transfer voice information, if necessary, produced by undercover penetration and (or) survey.
      Interception and removal of information transmitted over electrical networks, - is interception and removal of signs, signals, voice information, written text, images, video, audio and other information, transmitted by wire, radio, optical or other electromagnetic systems.
      2. After recognizing the need of tacit control, interception and removal of information transmitted over electrical network (telecommunications) communication, the investigator, the interrogating officer shall give the appropriate instructions to the body of inquiry.
      3. The results of undercover investigative action are recorded in the relevant material carrier, which is packed, sealed and certified by the signatures of the official of the authorized body, conducting the undercover investigative action.
      Material carrier is transmitted to the investigator, the interrogating officer.

Article 244. Secret obtaining of the information about the
connections between subscribers and (or) subscriber units

      1. The secret obtaining of the information about the connections between subscribers and (or) subscriber units - is obtaining of the information about the date, time and duration of connections between subscribers and (or) subscriber units (user equipment).
      2. After receiving the procurator’s sanction, the decision shall be sent by the body of pre-trial investigation to the authorized unit of the law enforcement agency or special state body for execution, the employee of which shall provide the requested information, recorded in any material carrier of information.
      The above information shall be provided in the sealed form with a cover letter, specifying the period for which it is provided, and the number of subscribers and (or) subscriber units.

Article 245. Unofficial collection of information from
computers, servers and other devices for collecting,
processing, accumulation and storage of information;

      1. The unofficial collection of information from computers, servers and other devices for collecting, processing, accumulation and storage of information – is a secret removal by special scientific and technical means (or) computer programs of information from computers, servers and other devices for collecting, processing, accumulation and storage of information, if necessary, produced by undercover penetration and surveys.
      2. After recognizing the need for unofficial collection of information from computers, servers and other devices for collecting, processing, accumulation and storage of information, the pre-trial investigation body shall give the appropriate instructions to the body of inquiry.
      3. The results of unofficial removal of information from computers, servers and other devices for collecting, processing, accumulation and storage of information shall be recorded in the relevant material carrier, which is packed, sealed and certified by the signatures of the official of the authorized body, carried out the uncover investigative action.
      Material carrier is transmitted to the investigator, interrogating officer.

Article 246. Undercover control of postal and other items

      1. If there are sufficient grounds to believe that letters, telegrams, radiograms, packets, parcels and other mail may contain information, documents and objects that are relevant to the case, they may be under the undercover control.
      2. After recognizing for the need of undercover control of postal and other items, the investigator, interrogating officer shall issue a reasoned decision.
      The decision shall specify the name of the post office, which is entrusted with the duty to detain the postal and telegraph dispatches, surname, first name, patronymic (if any) of persons, the postal and telegraph dispatches of which are subject to undercover control, their address, the type of postal and telegraph dispatches, which imposed the undercover control, the period for which it is imposed.
      The specified decision is presented to the procurator and, if he (she) gives the sanction, shall be directed by the investigator, the interrogating officer in post offices or persons, providing services for the delivery of parcels, for execution.
      3. Post offices or persons, providing services for the delivery of parcels, shall immediately inform the investigator, the interrogating officer on finding at their disposal the mail and other item, subject to control.
      The investigator, the interrogating officer within twenty-four hours of receipt of the notice in the presence, if necessary, an authorized official of the post office or the person, providing services for the delivery of parcels, shall inspect and (or) get acquainted with the contents of the mail, and make decisions about the future delivery of this mail with fixing its content or without it.
      4. In each case of inspection and (or) review of the postal and other items, the investigator, the interrogating officer in compliance with the provisions of Article 199 of this Code shall make a protocol, which reflects the data of the persons, involved in the production of activities, the name and type of postal and other items, subjected to inspection and (or) review, the details of further delivery of mail with fixing its content or without it.
      5. Where necessary, the investigator, the interrogating officer shall have the right to call the appropriate specialist, as well as translator to participate in the production of inspection and seizure of postal and telegraph dispatches.
      6. Undercover control of postal and other items will be canceled by the investigator (interrogating officer) with the procurator’s sanction, when there is no need for this measure, but in any event no later than the end of the investigation, about which the post office or a person, providing services on delivery of items shall be notified within three days.

Article 247. Unspoken penetration and (or) site survey

      1. Unspoken penetration and (or) site survey is carried out by the authorized body by penetrating the residential premises, offices, industrial premises, building, structure, storage, vehicle or land plot, if necessary, with their examination, as well as the preparation and conduct of the investigative actions.
      2. At the end of this action, the authorized body shall present to the investigator, the interrogating officer all materials received in full under the seal, with a cover letter.

Article 248. Secret surveillance of a person or place

      1. The secret surveillance of persons, referred to in the seventh part of Article 232 of this Code, or a place shall be carried out, if necessary, using technical means of video and photo surveillance, without making audio record of speech or other audio information.
      2. An official of the authorized body, performing secret surveillance of a person or place, shall be entitled to carry out secret surveillance of other persons, coming into contact with the observed person or place within forty-eight hours from the time of entering into contact.
      3. A daily report shall be made on the results of secret surveillance of the person or places, and the received items and documents shall be attached to it.
      4. At the end of this action, the authorized body shall present to the investigator, the interrogating officer all materials received in full, under seal, with a cover letter.
      Footnote. Article 248, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 249. Secret controlled delivery

      1. The secret controlled delivery is carried out in order to establish control over the supply, purchase, sale, movement of objects, substances and products, free sale of which is prohibited or the circulation of which is restricted by law, as well as which are the objects or instruments of criminal infringement.
      2. Controlled delivery on the territory of the Republic of Kazakhstan is carried out by the authorized body independently or in cooperation with other state bodies.
      3. Controlled delivery in the territory of several states is carried out by the authorized body together with the competent law enforcement agencies of foreign countries.
      4. At the end of this action, the authorized body shall present to the investigator, the interrogating officer all materials received in full, under seal, with a cover letter.

Article 250. Secret controlled purchase

      1. Secret controlled purchase is conducted to obtain actual data about committing or committed criminal offence by creating situations of imaginary deal.
      In this case, the objects or substances, the free sale of which is prohibited or the circulation of which is restricted by law, as well as which are the objects or instruments of criminal infringement shall be purchased from the person in respect of whom there are sufficient grounds to believe that he (she) is involved in a criminal offence.
      2. The separate protocols shall be made in accordance with Article 199 of this Code on the issuance for the official of the authorized body or a person who voluntarily indicated his (her) intention to participate in undercover investigative action, the scientific, technical and other means for fixing its progress and results, as well as funds for the purchase of paid objects or substances, free sale of which is prohibited or the circulation of which is restricted by law, or which are the objects and (or) instruments of criminal infringement.
      3. The protocol shall be made in accordance with the rules of Articles 199 and 219 of this Code on receipt of an official of the authorized body or a person who voluntarily indicated his (her) intention to participate in the investigative action of the acquired objects or substances, as well as on the results of their inspection.

Article 251. Secret introduction and (or) imitation
of criminal activity

      1. The introduction and (or) imitation of criminal activity is carried out with the written consent of the person, introduced and (or) imitated a criminal activity in order to obtain actual data about the prepared, committing or committed crimes.
      2. A person, introduced and (or) imitated criminal activity is prohibited to perform actions (inaction), coupled with the threat to life, health, property of a man, except in cases of self-defense, arrest of the person, committed infringement, extreme necessity, justified risk in accordance with the provisions of the Criminal Code of the Republic of Kazakhstan.
      3. In agreement with the investigator and the interrogating officer, the authorized body shall constantly inform on the process of introduction and (or) imitation of criminal activity.
      4. At the end of this action the authorized body shall present to the investigator, the interrogating officer all materials, under seal, with a cover letter.

Chapter 31. Search and seizure

Article 252. Search

      1. The search is performed for the purpose of detection and withdrawal of objects or documents, relevant to the case, including the detection of the property to be seized.
      2. The grounds for performing search are the existence of sufficient evidence to believe that these objects or documents may be in a particular premise or any other place or at a particular person.
      3. The search can be performed to detect the wanted person and a human corpse.

Article 253. Seizure

      The seizure is performed with the purpose of withdrawal of certain objects and documents relevant to the case, and if it is known exactly, where they are and who has them, as well as the property subject to confiscation.

Article 254. Procedure of search and seizure

      1. Search and seizure shall be performed by a person, conducting the pre-trial investigation, under the reasoned decision. The decision on the search, and seizure of documents, containing state secrets or other secrets protected by law, must be sanctioned by the procurator or his (her) deputy.
      2. The seizure in a dwelling against the will of the persons residing therein shall be performed in accordance with the rules of the thirteenth and fourteenth parts of Article 220 of this Code.
      3. In exceptional cases, where there is a real fear that the sought object and (or) the object to be seized can be due to the delay in its discovery lost, damaged or used for criminal purposes or wanted person can escape, the search and seizure may be performed without the procurator’s sanction, but with the subsequent sending him (her) within twenty-four hours a report of the produced search. After receiving such notice, the procurator verifies the legality of the produced search, seizure, and shall rule on its legality or illegality. If the decision on illegality of the produced search, seizure is made, this action cannot be admitted as evidence in the case.
      4. The search is conducted with the participation of identifying witnesses, and if necessary - with the participation of a specialist and an interpreter.
      The seizure is conducted with the mandatory application of scientific and technical means of progress and results, if necessary, a specialist and an interpreter may be involved in it.
      5. The search or seizure in the residential premises, the premises of the organizations are carried out in the presence of the persons, mentioned in the fifteenth and sixteenth parts of Article 220 of this Code.
      6. The search and seizure in the premises, occupied by diplomatic missions, as well as inhabited by members of diplomatic missions and their families are carried out in compliance with the requirements established by the seventeenth part of Article 220 of this Code.
      7. Prior to the beginning of the search or seizure, the person conducting the pre-trial investigation shall submit the decision on their production.
      8. When starting the search, the person conducting the pre-trial investigation, offers to give voluntarily the objects and documents to be seized that may be relevant to the case. If they are given voluntarily and there is no reason to fear of concealment of the objects and documents to be seized, the person conducting the pre-trial investigation, shall have the right not to perform further searches.
      The voluntariness of the issue by the person of the objects and documents, for the detection of which the search can be conducted, must be indicated in the search protocol.
      9. When conducting a search, a locked room and storage can be opened, if the owner refuses to open them voluntarily. In this case, it should not be allowed the unnecessary damage to locks of doors and other items.
      10. When conducting the seizure, the person conducting the pre-trial investigation, offers to give objects and documents to be seized, and in case of refusal he (she) seizes it by force.
      11. The person, conducting the pre-trial investigation must take measures to ensure that the private life circumstances of the occupier of the premises or others, identified during the search and seizure shall not be announced.
      12. The person, conducting the pre-trial investigation, shall have the right to prohibit the persons in the room or place where the search or seizure is conducted, and the persons who come into this room or place, to leave it, as well as communicate with each other or other persons before the end of the search or seizure.
      13. When conducting the search and seizure, the person conducting the pre-trial investigation shall be limited to the seizure of objects and documents that may be relevant to the case. Objects and documents that are prohibited for circulation shall be seized regardless of their relation to the case.
      14. Seized objects and documents during a search shall be presented to identifying witnesses and other attending persons and shall be packed, sealed on the place of search and certified by the signatures of identifying witnesses and attending persons.
      15. Seized objects and documents during seizure shall be presented to the attending persons, and shall be packed, sealed on the place of seizure and certified by the signatures of the attending persons.
      16. Where necessary, the photographing, filming and video recording is made during the search.

Article 255. Personal search

      1. If there are grounds provided for in Article 252, and in compliance with the requirements of Article 254 of this Code, the person conducting the pre-trial investigation shall be entitled to carry out a personal search for the detection and seizure of objects and documents that are on the body or inside the body of the searched, in his (her) clothes and things.
      2. Personal search is carried out only by a person of the same sex with the searched, and with the involvement of the identifying witnesses and experts of the same sex.
      3. Personal search can be carried out without issuing a special decision and the sanction of the procurator in the presence of one of the following cases:
      1) if there are reasonable grounds to believe that a person in a room or other place where a search is conducted, conceal the documents or items that may be relevant to the case;
      2) if it is produced during the arrest of the person or his (her) detention. In this case, the personal search may be conducted in the absence of identifying witnesses.
      If necessary, the detection of objects inside the body of the searched, specialists of the corresponding profile shall be involved in a personal search.

Article 256. Protocols of the search or seizure

      1. The person, conducting the search or seizure, shall make a protocol in compliance with the requirements of Article 199 of this Code.
      2. The protocol shall indicate where and under what circumstances the objects or documents are detected, if they are issued voluntarily or forcibly seized. All seized objects must be listed in the protocol with the exact quantity, measure, weight, individual features and, if possible, the cost.
      3. If during a search or seizure the attempts to destroy or hide the objects or documents to be seized are made, this should be noted in the protocol, specifying the measures taken.
      4. A copy of the protocol of a search or seizure shall be given to the person, from whom they are made, or an adult member of his (her) family, and in their absence - the representative of the housing organization or local executive body. If the search or seizure is made in the organization, a copy of the protocol shall be given on receipt to its representatives.

Chapter 32. Verification and clarification of the
testimony on the site. Investigative experiment

Article 257. Verification and clarification of the
testimony on the site

      1. Verification and clarification of the testimony of the victim, witness, suspected on the site, connected with the event under investigation, is carried out in order to:
      1) identify the credibility of the testimony by comparing them with the situation of past events;
      2) clarify the route and places where verifiable actions are committed;
      3) establishment of new evidence.
      2. Verification and clarification of the testimony on the site is that the previously interrogated person plays on the spot the situation and the circumstances of the test events; searches and indicates objects, documents, traces relevant to the case; demonstrates certain actions; shows the role played in the test event by these or other objects; draws attention to the changes in the environment field; elaborates and clarifies his (her) previous testimony. Any outside interference in these actions and leading questions are not allowed.
      3. The simultaneous verification and clarification of the testimony of several people on the site is not allowed.
      4. Verification and clarification of the testimony begins with the offers to the examined voluntarily indicate the route and place where his (her) testimony will be checked. After the presentation of evidence and demonstration of actions, the person whose testimony is verified, may be asked questions. This person, as well as other involved persons shall be entitled to demand their additional questioning in connection with the conducted investigative action.
      5. The detected during the verification and clarification of the testimony on the site objects and documents that may have evidentiary value in the case, shall be seized, packed and sealed, the fact of their seizure shall be noted in the protocol.
      6. When verification and clarification of the testimony on the site, the measurements, photographs, audio and video recording, filming is made, the plans and schemes are drawn up. A specialist shall be entitled to participate where necessary in verification and clarification of the testimony on the site. Using in the verification and clarification of the testimony on the site the means of audio and video recording is compulsory and is made according to the rules, laid down in Article 210 of this Code.
      7. The protocol shall be drawn up in compliance with the requirements of Article 199 of this Code on the verification and clarification of the testimony on the site. The protocol reflects in detail the conditions, process and results of the verification and clarification of the testimony on the site.

Article 258. Investigative Experiment

      1. Investigative experiment is performed to verify and clarify the information relevant to the case, by playing certain actions, conditions, circumstances of the investigated events and experiments. In the production of the experiment, in particular, the ability of perception of any facts, performing certain actions, the occurrence of any event can be checked, as well as the sequence of the occurred event and mechanism of formation of traces are identified.
      2. Investigative experiment is performed with the mandatory application of scientific and technological means of progress and results. If necessary, the suspected, victim, witness, specialist, expert or persons, performed skilled actions may be involved with their consent to participate in the investigative experiment. Participants of the experiment shall be explained its purpose and procedure.
      3. Conducting the investigative experiment is allowed, provided that it is excluded the danger to life and health of persons involved, their honour and dignity is not humiliated, and there is no damage to their property.
      4. Investigative experiment is performed in conditions closest to those in which the repeatable event or action is occurred.
      5. The protocol on an investigative experiment shall be drawn up in compliance with the requirements of Article 199 of this Code. The protocol details the conditions, process and results of investigative experiment and states: for what purpose, when, where and in what conditions the experiment is carried out; what specifically expressed the playing of the situation and circumstances of the event; what actions, in what order, by whom and how many times are made; what are the results.

Chapter 33. Provision of objects and documents

Article 259. Provision to the person conducting the
pre-trial investigation of objects and documents
on the initiative of persons, possessing them

      1. The parties, as well as other persons, heads and other officials of enterprises, institutions and organizations shall have the right to provide to the person conducting the pre-trial investigation, the objects and documents, which they believe may be relevant to the case.
      2. The person conducting the pre-trial investigation shall inspect the given object, the document according to the rules of Article 220 of this Code and take it, if there is reason to believe that the object or document has or hereafter may be relevant to the case. The objects, documents, although not relevant to this case, but withdrawn from circulation, shall also be taken.
      In the case of provision of the object, document not relevant to the case and not withdrawn from circulation, the person conducting the pre-trial investigation, shall immediately after the inspection return the object, document to origin.

Article 260. Provision of objects and documents at the request
of the person conducting the pre-trial investigation

      1. The person, conducting the pre-trial investigation may, without a search or seizure, require the head of the enterprise, institution, organization, as well as from the citizens the objects and documents that are needed for temporary use in the investigative actions. Such objects and documents include:
      1) analogs or models to replay the situation and the conditions of the investigated events in the production of the experiment;
      2) similar with object or document, presented for identification;
      3) appliances, instruments, devices, materials for use in the investigative actions or expert study if the person conducting the pre-trial investigation, or acting on his (her) behalf specialist, expert or expert institution does not have them.
      At the end of need, these objects, documents shall be returned to origin.
      2. Heads and other officials of state bodies, enterprises, institutions and organizations shall, at the request of the person conducting the pre-trial investigation agreed with the procurator, carry out, within its competence the unscheduled inspection, documentary audit or other official investigation, and submit a certificate of audit or inspection with all applications within the prescribed period. The criminal prosecution body shall notify the procurator on demand of audits and inspections of business entities within a day.
      3. Finding in the certificate of audit or inspection, or other document deviations from the established rules, gaps, contradictions and other inconsistencies, the person conducting the pre-trial investigation, may request that the errors noted in the document should be eliminated.

Article 261. Protocol for provision of objects and documents

      1. The person, conducting the pre-trial investigation shall make a protocol in accordance with the rules of Article 199 of this Code on the provision of objects and documents that may be relevant as material evidence.
      The protocol shall also specify:
      1) the information about the person who provided the object or document;
      2) the application of the person to adduce the object or document;
      3) the progress and results of examination of the object or document, and if it is provided by mail also the inspection of the packaging;
      4) the features, properties, technical characteristics of these objects, if they may be relevant to the case, shall be recorded in the protocols of the investigative action, in the production of which the claimed objects are used;
      5) the actual transfer of the object or document to the person conducting the pre-trial investigation, or return it to the person providing the object or document.
      2. The person, conducting the pre-trial investigation shall issue a copy of the protocol, certified by the signature to the person providing an object or document that is or may be relevant as material evidence.
      3. If the received object or document is received by mail, a copy of the protocol or an extract from it shall be sent to the sender, and a mail receipt shall be attached to the protocol. Receipt shall be attached to the protocol and in case, when the person, conducting the pre-trial investigation does not consider the received by mail object or document to be relevant to the case and returns it by mail to the sender.
      4. The person, conducting the pre-trial investigation shall issue a decision on the refusal to satisfy an application to adduce the provided object or document as material evidence. Certificates of audit and other official inspection, provided as written evidence shall be attached to the case without special registration.
      5. Receipt and return of objects, claimed for temporary use in the production of investigative actions shall be recorded in the protocols and certified by the signature of the person, who provided the object.

Chapter 34. Obtaining of samples

Article 262. Grounds for obtaining samples

      1. The body, conducting the criminal proceedings shall be entitled to obtain samples, reflecting the properties of a living person, a corpse, animal, plant, object, material or substance, if their expert research is needed to resolve the questions posed to the expert.
      2. As samples, in particular, can be obtained:
      1) blood, semen, hair, nail clippings, microscopic scrapings of external integument;
      2) saliva, sweat and other secretions;
      3) prints of the skin pattern, dental records;
      4) handwritten text, products, and other materials that reflect the skills of the person;
      5) the phonogram voice;
      6) samples of materials, substances, raw materials, finished products;
      7) samples of cartridges, bullets, guns and trace mechanisms.
      3. A reasoned decision shall be made on receipt of the samples, which shall contain the following: the person who will receive the samples; person (organization), from which should receive samples; what kind of samples and how much should be obtained; when and to whom the person should come to obtain samples; when and to whom samples should be submitted after their receipt.

Article 263. Persons and bodies, entitled to obtain samples

      1. The person, conducting the pre-trial investigation personally, and, if necessary, with the participation of a doctor, other specialist may obtain samples, if it does not involve the exposure of a person of the opposite sex, which samples are taken, and does not require special skills. In other cases, samples can be obtained on behalf of the person conducting the pre-trial investigation, by a doctor or a specialist.
      2. In cases, where obtaining samples is part of expert study it can be performed by an expert.
      3. During the study, the experts can make experimental samples, as reported in the conclusion. The body, conducting the criminal proceedings shall be entitled to be present in making such samples, which is noted in the protocol, drawn up by it.
      After investigation, the expert shall attach the samples to his (her) conclusion in a packed and sealed form.

Article 264. Persons, who may be obtained samples

      1. Samples may be obtained from the suspected, the accused and the victim, as well as the person against whom the proceedings are conducted on the application of compulsory medical measures.
      2. If there is sufficient evidence that the traces at the scene or on the material evidence could be left by other person, the samples can be obtained from that person, but only after his (her) interrogation as a witness (victim) about the circumstances in which these traces could be formed.

Article 265. The procedure for obtaining samples

      1. The person, conducting the pre-trial investigation, calls a person to him (her) or comes to a place where he (she) is, introduces him (her) against signature with the decision or sent to him (her) court order on the receipt of the samples, explains to that person, a specialist of their rights and obligations, decides on the challenges, if they are declared. Then, the person, conducting the pre-trial investigation or the procurator takes the necessary actions to obtain samples for expert study. The scientific and technological means that do not hurt and are not dangerous to human life and health may be applied.
      2. Obtaining samples from a corpse, as well as taken as samples the samples of raw materials, products and other materials shall be carried out by producing, respectively, exhumation, search or seizure.
      3. Obtained samples shall be packed, sealed and certified by the signature of the person who received the samples. Then, the person conducting the pre-trial investigation or the procurator shall send them together with the protocol of obtaining samples to the relevant expert, and they are certified by the signature of the person who received the samples.
      If obtaining the samples is carried out by court order, the investigator, the interrogating officer or the procurator, in compliance with this order, shall send the samples together with the protocol of their receipt to the court. The court, involving the parties shall inspect the samples to certify their authenticity and safety then shall send the samples together with this order and the protocol of their receipt to the relevant expert.

Article 266. Obtaining samples by a doctor or other specialist

      1. The body, conducting the criminal proceedings shall send to the doctor or other specialist a person concerned, as well as the decision about obtaining his (her) samples. The body, taken the decision shall decide the issue of challenge to the doctor, other specialist.
      2. A doctor or other specialist performs the necessary actions and obtains samples for expert study. The scientific and technological means that do not hurt and are not dangerous to human life and health may be applied. The samples shall be packed, sealed, and certified by the signature of the person who received the samples and shall be sent to the body, conducting the criminal proceedings.
      3. If it is necessary to obtain samples for research in animals, the body conducting the criminal proceedings, shall send a corresponding decision to the veterinarian or other specialist.

Article 267. Protection of the individuals rights in
obtaining samples

      Methods and scientific and technical means of obtaining samples should be safe for human health and life. The application of complex medical procedures or methods that cause pain, is permitted only with the written consent of the person from whom the samples should be obtained, and if he (she) has not reached the age of majority or has a mental illness, with the consent of his (her) legal representatives.

Article 268. Obligation of execution of the decision
on obtaining the samples

      1. The samples can be obtained by force from the suspected or the accused.
      2. The samples from the victim and witness can be obtained only with their consent, except in cases when the suspected, accused insists this action, to verify the evidence, incriminating their criminal offences, as well as, if necessary, to obtain samples for the diagnosis of sexually transmitted and other infectious diseases, if such a diagnosis is relevant for the case.
      3. Forcibly obtaining of samples from the victim, witness in the cases referred to in the second part of this article, as well as from the applicant and the person to whom the applicant points directly as a person who has committed a criminal offence, shall be permitted only with the sanction of the procurator or by the court decision.

Article 269. Protocol of obtaining samples

      1. The person, conducting the pre-trial investigation, after obtaining samples, shall make a protocol, where describes all actions taken to obtain samples in the order in which they are produced, the applied scientific-research and other methods and procedures, as well as the samples.
      2. If the samples are obtained at the request of the body conducting the criminal proceedings, by a doctor or other specialist, he (she) shall make an official document about this, which is signed by all participants of this action and transferred to the body conducting the criminal proceedings, to be attached to the criminal case in the manner prescribed in the ninth part of Article 199 of this Code.
      3. The protocol shall be attached by the samples in the packed and sealed form.

Chapter 35. Forensic examination

Article 270. The appointment of the examination

      Examination is appointed in cases where the circumstances relevant to the case, can be obtained from the study of materials, conducted by experts on the basis of special scientific knowledge. The presence of such knowledge to other persons involved in criminal proceedings shall not exempt the person conducting the criminal proceedings, from need to appoint the appropriate examination.

Article 271. Mandatory appointment of examination

      1. Appointment and production of examination is mandatory, if it is necessary to find in the case:
      1) the cause of death;
      2) the nature and severity of injury to health;
      3) the age of the suspected, the accused, the victim, when it is relevant to the case, and documents about the age are missing or cause doubt;
      4) mental or physical condition of the suspected, the accused when there are doubts about their sanity or ability to defend their rights and legitimate interests in the criminal process;
      5) mental or physical condition of the victim, a witness in cases where there are doubt about their ability to correctly perceive the circumstances relevant to the case, and give the testimony on them;
      6) other circumstances of the case, which cannot be reliably established by other evidence.
      2. Appointment and production of forensic psychiatric examination is mandatory, if there is any doubt in the mental state of the suspected, the accused of committing a crime, which under the Criminal Code of the Republic of Kazakhstan is punishable by death or life imprisonment.
      Note. Forensic psychiatric examination shall be appointed and conducted against the suspected, the accused, victim or witness according to the grounds, listed in paragraphs 4) and 5) of this Article. If the expert says about the impossibility of giving an conclusion without a stationary forensic psychiatric examination and placement of the patient for stationary examination, then the stationary forensic psychiatric examination shall be assigned to the criminal case in the manner provided in Article 279 of this Code.

Article 272. Procedure for appointment of examination

      1. Recognizing the necessary appointment of a forensic examination, the body conducting the criminal proceedings, the investigating judge shall issue a decision, which shall include: the name of the appointing body, time, destination of the examination; type of examination; grounds for the appointment of examination; objects sent for examination, and information about their origin, as well as the permission of a possible total or partial destruction of these objects, changing their appearance or basic properties in the course of the study; the name of the forensic examination body and (or) surname, first name, patronymic (if any) of the person entrusted with the production of forensic examination.
      2. The decision of the body conducting the criminal proceedings, the investigating judge to appoint examination shall be binding to the bodies or persons to whom it is addressed and included in their competence.
      3. Forensic examination in respect of a victim or witness, except in cases provided for in paragraphs 2), 3) and 5) of the first part of Article 271 of this Code, is performed with their consent or the consent of their legal representatives, which is given by the said persons in writing.
      4. The person, appointed the examination, introduces the suspected, accused, his (her) defense counsel, the victim, his (her) representative, as well as the undergoing the examination witness, his (her) legal representative with the decision on the appointment of forensic examination and explains to them their rights, specified in Article 274 of this Code. The protocol shall be made about this and signed by the person, appointed the examination, and those who are familiar with the decision.
      5. The examination may be appointed at the initiative of the participants to the proceedings, defending their or represented rights and interests. Participants to the proceedings, defending their or represented rights and interests, shall present in writing to the body conducting the criminal proceedings the issues on which, in their conclusion, should be given the expert conclusion, indicate the objects of study, as well as indicate a person who may be invited to as an expert. The body conducting the criminal proceedings shall not be entitled to refuse the examination appointment, except in cases where issues submitted to it for approval, do not apply to the criminal proceedings or the object of forensic examination. The person conducting the pre-trial investigation shall issue a reasoned decision to dismiss the application within three days from the date of receipt of the application.
      6. In deciding on the appointment of examination in accordance with paragraph 7) of the second part of Article 55 of this Code, the investigating judge offers the defense party to submit in writing the issues that need to be put to the expert, and listens to the conclusions of the participants to the proceedings on them.
      The parties shall have the right to specify which objects are subject to expert studies, as well as who can be entrusted with the production of examination and to challenge the expert.
      In the appointment of the examination by the investigating judge the person conducting the pre-trial investigation, provides the necessary items, materials in its production, to the expert.
      7. Examination in criminal proceedings in accordance with paragraph 3) of the third part of Article 122 of this Code, based on the lawyers’ request for giving an expert conclusion, is carried out in the absence of the need for reclamation of objects of study from the body conducting the criminal proceedings.
      8. The person conducting the pre-trial investigation shall simultaneously be notified on the request of the defense counsel or representative of the victim on giving an expert conclusion in the manner prescribed by the seventh part of this article, and who, if necessary, sends the additional questions to the experts. An expert conclusion, given at the request of defense counsel or representative of the victim, shall be made in two copies, one of which is sent to the person conducting the pre-trial investigation.
      9. The participant of the proceedings at the initiative of which, the examination is appointed may present the items and documents as objects of expert study. The body conducting the criminal proceedings shall be entitled to exclude them from among such by a reasoned decision.
      10. After considering the issues submitted, the body conducting the criminal proceedings rejects those that are not relevant to the criminal case or the object of forensic examination, finds if there are grounds for challenge of an expert, and then makes a decision on the appointment of examination in compliance with the requirements specified in the first part of this article.
      11. Reimbursement of expenses, associated with the production of examination, as well as salaries of the expert shall be made by the rules of Chapter 21 of this Code. In the case of the examination at the request of defense counsel and representative of the victim, the reimbursement of expenses borne to the person in whose interest it produces.
      12. The body conducting the criminal proceedings provides delivering the suspected, victim, accused, witness to the expert, if deemed necessary, their presence during the examination, except in cases specified in the seventh part of this Article. In the cases provided for in paragraph 9) of the first part of Article 55 of this Code, the person conducting the pre-trial investigation makes before the court a request for compulsory placement of the person, not detained in custody in the medical organization to conduct forensic psychiatric and (or) forensic medical examination.

Article 273. Persons who may be entrusted with the performance
of forensic examination

      1. Production of forensic examination may be instructed to:
      1) employees of the body of forensic examination;
      2) persons carrying out forensic expert activities under the license;
      3) in a single order to other persons in the manner and on the conditions provided for by law.
      2. Production of examination may be entrusted to a person from among those proposed by the participants of the proceedings.
      3. The requirement of the body conducting the criminal proceedings, the investigating judge, who is entrusted with the production of examination, shall be binding for the head of the organization where the person works.

Article 274. Rights of the suspected, accused, victim, witness,
defense counsel and representative of the victim in the
appointment and production of examination

      1. In the appointment of examination and its production, the victim, suspected, accused, defense counsel and representative of the victim shall have the right to:
      1) prior to the examination, review the decision on its appointment and receive an explanation of their rights, as noted in the protocol;
      2) challenge the expert, or a request for exclusion from the examination of the body of forensic examination;
      3) apply for appointment as experts the specified persons or employees of specific bodies of forensic examination, as well as production of the examination by the commission of experts;
      4) apply for the formulation additional questions to the expert or clarification the questions raised;
      5) attend the examination in the manner provided in Article 278 of this Code, with the permission of the body conducting the criminal proceedings;
      6) review the expert’s conclusions or statement about the impossibility to give an conclusion in accordance with the procedure provided for in Article 284 of this Code.
      2. A witness, including having the right to protection, and subjected to examination, and the person against whom the proceedings on the application of compulsory medical measures are conducted, shall also have the rights listed, if it allows his (her) mental state.
      3. If the examination is held before recognition of the person as suspected or decision on the qualifications of the acts of the suspected, the criminal prosecution body shall acquaint him (her) with the decision on the appointment of the examination, the expert conclusion and explain to him (her) his rights under Article 286 of this Code.
      4. Examination of victims and witnesses, as well as those affected by the commission of a criminal offence and the person in respect of which addressed the issue of recognizing as suspected, shall be performed only with their written consent. If these persons are underage or declared incompetent by a court, a written consent to the examination shall be given by their legal representatives. This rule shall not apply to the examination in the cases provided for in Article 271 of this Code.
      5. In the case of satisfaction of the application, claimed by the persons specified in the first and second parts of this Article, the body conducting the criminal proceedings, respectively, changes or supplements its decision on the appointment of examination. In the case of non-approval of the application, it shall issue a reasoned decision that declared against signature to the person who made the request.

Article 275. Guarantees of rights and legitimate interests
of persons in respect of which the forensic examination
is performed

      1. During the forensic examination of living persons it is prohibited to:
      1) deprivation or oppression of their rights, guaranteed by law (including by means of deception, torture, abuse, violence, threats or other illegal means) in order to obtain information from them;
      2) use of such persons as subjects of clinical research of medical technology, pharmaceutical and medical products;
      3) application of research methods, involving surgery.
      2. A person in respect of whom the forensic examination is held should be informed in an accessible form by the body, appointed forensic examination, on the methods used in forensic investigations, including alternative, on the possible pain or side effects. The above information shall be provided to the legal representative of the person in respect of whom the forensic examination is held, at his (her) request.
      3. Medical assistance to a person in respect of whom the forensic examination is held, may be provided only on the grounds and in the manner prescribed by law.
      4. A person, placed in a medical organization, is provided the opportunity to file complaints and applications. Complaints and applications filed in the manner prescribed by this Code shall be sent by the administration of the medical organization to the addressee within twenty-four hours and not subject to censorship.
      5. Forensic examination, performed in respect of a person with his (her) consent, may be discontinued at any stage on the initiative of the said person.

Article 276. Production of examination by the body of
forensic examination. Rights and obligations of the head
of the body of forensic examination

      1. When entrusting the forensic examination to the body of forensic examination, the body conducting the criminal proceedings, the investigating judge shall send the decision on the appointment of examination and the necessary materials to its head. The examination is performed by the employee of the body of forensic examination, specified in the decision. If a particular expert is not specified in the decision, the head of the body of forensic examination chooses the expert, as reported to the person appointing the examination, within three days.
      2. In the case, where the examination is appointed by the decision of the investigating judge, the body conducting the criminal proceedings shall send the necessary materials, objects to the head of the body of forensic examination.
      3. In the case of the examination at the request of defense counsel or representative of the victim, the necessary materials shall be provided by the defense counsel or representative of the victim.
      4. The head of the body of forensic examination shall be entitled to:
      1) state the reasons to return the body conducting the criminal proceedings, without the execution, the decision on the appointment of forensic examination and presented at the research objects, in the following cases: there is no expert in the body of forensic examination with the necessary special scientific knowledge; material and technical basis and conditions of the body of forensic examination does not solve specific expert tasks; questions posed to the forensic expert, beyond its competence; materials for the production of examination, submitted in violation of the requirements of this Code;
      2) apply to the person conducting the criminal proceedings, on the inclusion in the commission of forensic experts the persons who do not work in the body of forensic examination, if their special scientific knowledge is necessary to give an conclusion.
      The head of the body of forensic examination has also other rights, provided by law.
      5. The head of the forensic examination may not:
      1) independently reclaim the objects, needed for the examination;
      2) without the consent of the body conducting the criminal proceedings, involve to its production the persons, who are not employees of the body of forensic examination;
      3) give the expert instructions, predetermining the content of conclusions on specific examination.
      6. The head of the forensic examination shall:
      1) upon receipt of the decision on the appointment of forensic examination and research objects, charge the production to the specific expert or panel of experts of the body of forensic examination in compliance with the requirements of the first part of Article 272 of this Code;
      2) without violating the principle of the independence of the forensic expert, ensure the control over the compliance with the period of production of forensic examination, safety of forensic objects;
      3) not disclose information that became known to him (her) in connection with the organization of the examination;
      4) provide the conditions, necessary for research.

Article 277. Examination out of the body of
forensic examination

      1. If the examination is supposed to charge the person who is not an employee of the body of forensic examination, the body conducting the criminal proceedings prior to the decision on his (her) appointment, shall ascertain the identity of the person to whom it intends to entrust the examination, check whether there is reason to challenge the expert, provided for in Article 93 of this Code.
      2. The body conducting the criminal proceedings, the investigating judge shall make a decision on the appointment of the examination, handed it to the expert, explain to him (her) the rights and obligations provided for in Article 79 of this Code, and warn of criminal liability for giving knowingly false conclusion. The body, conducting the criminal proceedings, the investigating judge shall make a note on the implementation of these actions in the decision on the appointment of examination, which is certified by the signature of the expert. In the same way, the statements, made by the expert and his (her) applications are recorded. The person, appointed the examination shall make a reasoned decision to reject the application of the expert.

Article 278. The presence of participants to the proceedings
in the forensic examination

      1. The body conducting the criminal proceedings shall be entitled to be present during the examination, obtain clarifications of the expert about his (her) ongoing activities. The fact of the presence of the body conducting the criminal proceedings in the examination is reflected in the expert conclusion.
      2. The participants to the proceedings, defending their or represented rights and interests may be present during the examination with the permission of the body conducting the criminal proceedings. In this case, participation of the body conducting the criminal proceedings is mandatory.
      3. Upon satisfaction by the body conducting the criminal proceedings of the corresponding application, the person, declared it, shall be notified of the time and place of the examination. Absence of the notified person shall not preclude the examination.
      4. The participants to the proceedings, attended in the forensic examination, shall not be entitled to interfere in the course of research, but they can give explanations, relating to the subject of forensic examination.
      5. If a participant to the proceedings, attended in the forensic examination, prevents a forensic expert activity, the latter may suspend research and apply to the body conducting the criminal proceedings, or the person who appointed the examination, on the cancellation of the permission of the specified participant to the proceedings to be present during the forensic examination.
      6. When preparing conclusions by forensic expert, as well as on the stage of the meeting of forensic experts and drawing conclusions, if the forensic examination is performed by the commission of forensic experts, the presence of participants to the proceedings is not allowed.
      7. The forensic psychiatric and forensic psychological and psychiatric examination shall be performed under conditions of confidentiality.
      8. In carrying out forensic research in respect of a person to accompany him (her) naked, there can be only a person of the same sex. This limitation shall not apply to doctors and other health professionals, involved in these studies.

Article 279. Placement in a medical organization for
the examination

      1. If the forensic examination in respect of a person involves conducting forensic research in the hospital, the suspected, the victim, a witness may be placed in a medical organization on the basis of a decision on the appointment of the examination.
      Placement in a medical organization of the victim or witness shall be allowed only with the written consent, except as provided for in Article 271 of this Code.
      If the specified person has not reached the age of majority or recognized by court as incapable, the written consent shall be given by the legal representative. In case of objection or absence of a legal representative, the written consent shall be given by the tutorship and guardianship authority.
      2. Direction to medical organization for the forensic medical or forensic psychiatric examination of the suspected, not detained in custody, as well as the victim or witness shall be made in the manner prescribed by the second part of Article 14 of this Code.
      3. The rules of maintenance of persons in respect of whom an examination is conducted, in a medical institution shall be defined by the legislation of the Republic of Kazakhstan on health care.
      4. When placing the suspected in the medical organization for the stationary forensic medical or forensic psychiatric examination, the period, during which he (she) must be declared the decision on the qualification of the acts of the suspected, shall be suspended from the date of receipt of sanction before receiving a conclusion of the commission of experts about the mental state of the suspected.
      5. The total period of stay of the person in respect of whom the forensic medical or forensic psychiatric examination is conducted in a medical organization is up to thirty days. In case of failure to complete the forensic research, the specified period may be extended for thirty days by a reasoned application of the expert (commission of experts) in accordance with the second part of Article 14 of this Code.
      The application must be filed to the court no later than three days prior to the expiration of the examination period and shall be solved within three days from the date of receipt. In case of refusal of the court to extend the period, the person must be discharged from the medical organization. The head of the medical organization shall inform the person in respect of whom the examination is conducted, his (her) defense counsel, legal representative, representative, as well as the body, conducting the criminal proceedings on the application and the results of its consideration by the court.
      6. A person in respect of whom the forensic examination is conducted in medical organization, his (her) defense counsel, legal representative, representative shall have the right to appeal against the decision on the extension of its period in the manner prescribed by this Code.

Article 280. Object of examination

      1. Material evidence, documents, body and mental state of a person, corpses, animals, samples, as well as relating to the subject of examination information contained in the criminal case may be objects of examination.
      2. The person appointed the examination guarantees the reliability and admissibility of objects of the expert research.
      3. Objects of expert research, if their size and properties permit it, shall be transferred to the expert in the packaged and sealed form. In other cases, the person appointed the examination must ensure the delivery of an expert to the location of the objects of research, unhindered access to them and the conditions, required for the research.
      4. The procedure for dealing with objects of forensic examination is established by the legislation of the Republic of Kazakhstan.
      5. In the production of examination, its objects with the permission of the body appointed the examination may be damaged or used only to the extent that it is necessary to conduct research and provide an conclusion.
      The approval shall be contained in the decision on the appointment of forensic examination or reasoned decision to satisfy the application of the forensic expert or partial refusal to satisfy.

Article 281. Individual and commission examination

      1. Examination is carried out by expert individually or by commission of experts.
      2. The commission examination is appointed in cases of necessity to produce complex expert studies and carried out by at least two experts of one specialty.
      3. At least three experts are assigned to for the forensic psychiatric examination on the issue of sanity.
      4. In the production of commission forensic examination each of forensic experts independently and individually carries out forensic investigation in full. Members of the expert commission jointly analyze the results, and coming to a consensus, sign an conclusion or statement about the impossibility to give an conclusion. In the event of disagreement between the experts, each of them or part of experts gives a separate conclusion or the expert, which conclusion is at variance with the findings of other members of the Commission formulates his (her) conclusion separately.
      5. The decision of the body conducting the criminal proceedings, the investigating judge on the commission examination shall be binding for the head of the body of forensic examination. The head of the body of forensic examination may independently decide to hold a commission examination on the submitted materials and organize its production.

Article 282. Comprehensive examination

      1. A comprehensive examination is appointed when to establish the circumstances relevant to the case, the research on the basis of the different branches of knowledge is required, and it is conducted by experts in various fields within its competence.
      Complex examination may be conducted by one expert, if he (she) has the right to produce research on various expert professions.
      2. The conclusion of a comprehensive examination must specify what kind of research and to what extent every expert conducted and what conclusions he (she) came. Each expert signs that part of the conclusion, which contains these studies.
      3. Based on the results of research, conducted by each of the experts, they formulate a general conclusion (conclusions) of the circumstances to determine which the examination is appointed. The general conclusion (conclusions) shall be formulated and signed only by experts competent in assessment of the results. If the basis of the final conclusions of the commission or any part thereof are the facts, established by an expert (individual experts), then this should be stated in the conclusion.
      4. In case of disagreement between the experts, the results of research are made in accordance with the fourth part of Article 281 of this Code.
      5. The organization of a comprehensive examination, assigned to the body of forensic examination rests on its head. The head of the body of forensic examination may also independently decide to hold a comprehensive examination on the submitted materials and organize its production.

Article 283. The content of the expert’s conclusion

      1. After the necessary studies, the expert (s), taking into account their results, on its behalf makes a conclusion, certifies it with his (her) signature and personal stamp, directs to the person, appointed the examination. In the case of the examination by the body of forensic examination, the signature of the expert (s) shall be sealed by this body.
      2. The conclusion of the expert must include: the date of its registration, date and place of the examination; base for the forensic examination; information about the body, appointed the examination; information about the body of forensic examination and (or) expert (s), responsible for the production of examination (surname, first name, patronymic (if any), education, expert specialty, professional experience, academic degree and academic rank, position); mark, certified by the expert (s) that he (she) is warned of criminal liability for giving knowingly false conclusion; questions posed to the forensic expert (s); information about the participants of the proceedings, attended during the examination, and the explanations given by them; objects of research, their condition, packaging, sealed and signed by the identifying witnesses with their participation; content and results of research showing the methods used; assessment of the results of the research, study and formulation of conclusions on the questions posed before the expert (s).
      3. The conclusion shall contain the reasons for inability to answer to all or some of the above questions, if the circumstances referred to in Article 284 of this Code are identified in the process of research.
      4. Materials that illustrate the expert’s conclusion (photo tables, diagrams, graphs, tables, and other materials), shall be certified in the manner prescribed in the first part of this Article, and attached to the conclusion and shall be its integral part. The conclusion must also be attached by the objects, remaining after research, including samples.
      Footnote. Article 283 as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 284. Notice of inability to give a conclusion

      If the expert before the research confirms that questions put to him (her) beyond his (her) special scientific knowledge or presented objects of study or materials are unsuitable or insufficient to give a conclusion and cannot be replaced, or the state of science and forensic practice does not allow to answer the questions, he (she) makes a notice about the impossibility to give a conclusion and sends it to the person, appointed the examination.

Article 285. Interrogation of an expert and specialist

      1. Interrogation of an expert or specialist shall be performed in order to:
      1) clarify relating to the conclusion of the expert or specialist questions, relevant to the case and not requiring the further research;
      2) clarify the methods and terms used by the expert, specialist;
      3) get information about other facts and circumstances that are not part of the conclusion, but related to participation of the expert or specialist in the pre-trial proceedings;
      4) determine the qualifications of the expert or specialist.
      2. Interrogation of the expert and specialist shall be performed in accordance with the rules of Article 210 of this Code.
      3. It is prohibited to interrogate the expert, specialist before giving their conclusions.
      4. The expert may not be interrogated about the circumstances, not relevant to its conclusion, which became known to him (her) in connection with the production of forensic psychiatric and forensic medical examination of living persons.

Article 286. Presentation to the suspected, accused,
victim of expert conclusion

      1. The conclusion of the expert or his (her) notice on the impossibility to give a conclusion, as well as the protocol of the expert’s interrogation shall be presented to the suspected, accused, victim or other persons, mentioned in the first and second parts of Article 274 of this Code, who are entitled to submit their comments, raise objections to the conclusions of the expert, submit applications for interrogation of the expert, appointment of additional or repeated examination, as well as new examination, before the end of the pre-trial investigation of the case. In the case of the satisfaction or refusal of such application, the criminal prosecution body issues a relevant decision that notified against the signature to the person who made the request.
      2. The protocol on the acquaintance of persons referred to in the first part of this article, with the conclusion of the expert and his (her) interrogation protocol shall be made, and it shall include their statements or objections.
      3. The provisions of this Article shall apply in cases when the examination is carried out before the decision on the qualifications of the acts of the suspected or the decision on the recognition as the suspected, the victim.

Article 287. Additional and repeated examination

      1. Additional examination is appointed in the lack of clarity or completeness of the conclusion, as well as in the need to solve the additional issues, related to the previous research.
      2. Additional examination may be entrusted to the same or another expert.
      3. Repeated examination is appointed to study the same objects and solve the same issues in cases, where the previous expert conclusion is not entirely correct, or his (her) conclusions are questionable or the procedural rules on the appointment and production examination are substantially violated.
      4. The decision on the appointment of the repeated examination should specify the reasons for disagreeing with the results of the previous examination.
      5. Production of repeated examination is entrusted to the commission of experts. The experts, who conducted the previous examination, can be present during the repeated examination and provide the commission with an explanation, but they do not participate in the expert study and drawing the conclusion.
      6. In the production of additional and repeated examination, the expert (s) must be submitted to the conclusion of the previous examinations.
      7. Additional and repeated examination shall be appointed by and conducted in compliance with the requirements of Articles 270, 272 - 284 of this Code.
      8. If a second or subsequent examination is appointed for several reasons, some of which relate to additional examination, and others - to repeated examination, such examination shall be carried out in accordance with the rules of repeated examination.

Chapter 36. Termination and renewal of the pre-trial
investigation, announcement of the suspected, accused
in the search, recovery of lost criminal case

Article 288. The decision to terminate the
pre-trial investigation

      1. A reasoned decision shall be made on the termination of the pre-trial investigation.
      2. The introductory part of the decision shall specify the time and place of its preparation, the name and position of the person who took the decision to terminate.
      3. The descriptive and motivation part of the decision shall specify the circumstances giving rise to the termination of criminal case, together with the details of the person, suspected of committing a criminal offence, the nature of suspicion, qualifications in accordance with the criminal law and applied preventive measure.
      4. The operative part of the decision shall specify the decision to terminate the case with reference to the article (part, paragraph) of this Code, which served as a basis for termination of the pre-trial investigation, an indication of the abolition of preventive measure, seizure of property, suspension from office, listening to and recording of talks, other measures of procedural compulsion, investigative and legal actions, restricting the rights of participants in the proceedings, the fate of the material evidence, as well as the decision to cancel or further implementation of security measures in relation to a person.
      5. If several suspected persons, defendants are involved in the case, and the base for termination does not apply to all suspected persons, defendants, the criminal prosecution shall be terminated in respect of certain suspected and accused persons.
      Termination of criminal prosecution against certain suspected and accused persons shall not be an obstacle for the continuation of the pre-trial investigation of the respective criminal offence in relation to other persons.
      6. Upon termination of the pre-trial investigation on the grounds, specified in paragraphs 1) and 2) of the first and the third part of Article 35 of this Code, the wording, questioning the innocence of the person against whom the decision is made, may not be included in the decision.

Article 289. The actions of the person, conducting the
pre-trial investigation after the termination of the
pre-trial investigation

      1. The suspected, accused, his (her) defense counsel, legal representative, the victim and his (her) representative, civil claimant, civil defendant and their representative, as well as the person or entity, upon whose applications the pre-trial investigation is initiated, shall be notified in writing on the termination and the reasons for the termination.
      2. If the person conducting the pre-trial investigation makes a decision to terminate the pre-trial investigation on the grounds specified in paragraphs 3), 4), 9) - 12) of the first part of Article 35 and Article 36 of this Code, the criminal case shall be sent to the procurator for the approval of the decision. Notice of the persons, referred to in the first part of this Article, about the decision taken on the case, shall be made after the approval by the procurator of the decision on the termination of the pre-trial investigation.
      3. The persons, mentioned in the first part of this Article shall be explained the right to examine the materials of the case and the procedure for appealing the decision on the termination. At the request, received from these people, they shall be handed over a copy of the decision to terminate the pre-trial investigation.
      Familiarization with the materials of the case shall be subject to the requirements of Article 296 of this Code.

Article 290. The procurator’s decision on the results of the
study of the terminated criminal case

      According to the results of studying the criminal case, terminated on the grounds that do not involve the restoration of rights and compensation for harm, the procurator shall take one of the following decisions:
      1) on the approval of the decision to terminate the criminal case;
      2) on the cancellation of the decision to terminate the criminal case and its direction for further investigation;
      3) on the termination of the criminal case on other grounds, provided for in Articles 35 and 36 of this Code.

Article 291. Reopening of the terminated pre-trial
investigation or criminal prosecution

      1. Reopening of the pre-trial investigation or criminal prosecution after its termination shall be effected by cancellation of the procurator or the court the decision on the termination.
      2. The suspected, accused, their defense counsels, the victim and his (her) representative, the civil defendant or their representatives, as well as the person or entity upon whose application the pre-trial investigation is initiated, shall be notified in writing on the reopening of the proceedings.
      3. Reopening of the pre-trial investigation may be only if the statute of limitations for bringing the person to justice has not expired.
      4. In the case of reopening of the pre-trial investigation in accordance with the provisions of this Article, the procurator shall be entitled to choose by a reasoned decision a preventive measure, with the exception of detention in custody or house arrest.
      5. If the procurator sees the need for a preventive measure in the form of detention in custody or house arrest, he (she) is guided by Articles 146, 147 of this Code.

Article 292. Announcement of the search for the
suspected, accused

      1. The search for the suspected, accused includes the measures to establish his (her) location, arrest and transfer to the body conducting the pre-trial investigation.
      Search can be declared in respect of the suspected after the decision on the qualifications of his (her) actions, as well as against the accused.
      The person conducting the pre-trial investigation makes the decision on the search of the suspected, accused which indicates all information known about their identity, the reason for the search, and requests the search to the bodies of inquiry.
      2. If there are grounds, specified in Article 136 of this Code, a preventive measure may be chosen to the suspected, the accused, put on the wanted list, in case of their detection. In the cases, provided for in Article 147 of this Code, a preventive measure in the form of detention in custody can be applied with the sanction of the investigating judge.
      Decision on measures of restraint with respect to the person sought, as well as, where appropriate, a court decision sanctioning it shall also be sent to the body, conducting the search.
      3. In case of finding of the suspected, the accused, they may be detained in accordance with the procedure established by Article 131 of this Code.
      4. If there are grounds for declaring the international search, the criminal prosecution body shall make a separate decision on declaring the suspected, accused for the international search.
      Sanctioning the decision on the international search is carried out in the manner prescribed by Article 56 of this Code.
      Footnote. Article 292, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 293. Restoration of lost criminal case or its materials

      1. Restoration of lost criminal case or its materials is made by the decision of the procurator, the person conducting the pre-trial investigation, and in the case of loss of a criminal case or materials in the course of judicial proceedings – by the court decision, sent to the procurator for execution.
      2. Restoration of the criminal case is made from the surviving copies of the criminal case materials, including information in electronic or paper form, which can be admitted as evidence in the manner prescribed by this Code or by conducting the procedural actions by the body conducting the criminal proceedings, as well as on the basis of information and records and other necessary materials.
      3. The periods of pre-trial investigation and detention in custody when restoring the criminal case shall be calculated in accordance with the procedure, established by Articles 151, 192 of this Code.
      4. If deadline for detention in custody for the lost criminal case is expired, the suspect must be released immediately.

Chapter 37. Notice of termination of the investigative
actions and familiarization of the participants to
the criminal proceedings with the materials
of the criminal case

Article 294. Notice of termination of the investigation
actions and clarification of the right to familiarize
with the materials of the criminal case

      1. Recognizing that all the circumstances to be proven in accordance with the requirements of Article 113 of this Code are established in the criminal case, the person conducting the pre-trial investigation, shall notify the suspected, his (her) defense counsel, legal representative, if they are involved in the case, as well as the victim, his (her) representative, the civil claimant, civil defendant, their representatives about the end of investigative actions on the case.
      Simultaneously with the notification to the persons specified in the first part of this Article, they shall be explained the right to examine the materials of the criminal case, the applications for the production of additional investigative actions or taking other procedural decisions. The notification shall also contain a notice of the place of review and the time period during which they can familiarize with the criminal case materials.
      2. If at the end of investigative actions in the criminal case or during the period of familiarization of the suspected and his (her) defense counsel with the case materials the period of detention in custody is expired, the person conducting the pre-trial investigation, shall make the decision to submit an application to the court for sanctioning of the period of detention in custody of the suspected for a period of familiarization with the materials of the criminal case.
      Sanctioning of the period of detention in custody of the suspected shall be carried out according to the procedure provided for in Article 152 of this Code.
      3. The person, conducting the pre-trial investigation shall clarify the party, representing the interests of a minor suspected or a minor victim for the criminal offences referred to in the first part of Article 307 of this Code, the right to trial, referred to the jurisdiction of the specialized inter-district juvenile court in the district and in an equivalent court.
      4. The person conducting the pre-trial investigation shall make a protocol on familiarization of the participant to the criminal proceedings with the materials of the criminal case. At the request of the suspected or his (her) defense counsel, familiarization with the case materials can be carried out simultaneously, which shall be documented in a single protocol.
      In case of refusal of the suspected to familiarize with the materials of the criminal case, it shall be noted in the protocol.
      If a defense counsel, legal representative of the suspected, the victim, representatives of the victim, civil claimant, civil defendant cannot attend for valid reasons to familiarization in due time, the person conducting the pre-trial investigation, postpones the familiarization for a period of not more than five days.
      In case of absence of the defense counsel of the suspected or the representative of the victim, the person conducting the pre-trial investigation, during this period, shall take measures for the presence of another defense counsel or representative.

Article 295. Familiarization of the victim, civil claimant,
civil defendant and their representatives with
the case materials

      1. In the case of an oral or written request of the victim or his (her) representative, the person conducting the pre-trial investigation, introduces these persons with the case materials or part thereof, to familiarize with which they expressed their desire. Civil claimant, civil defendant or their representatives, if they filed an application, shall be acquainted with the case materials in the part that relates to the civil claim.
      2. Familiarization is conducted in accordance with the procedure provided for in Article 296 of this Code.

Article 296. Familiarization of the suspected and his (her)
defense counsel with the case materials

      1. Complying with the requirements of Article 295 of this Code, the person conducting the pre-trial investigation, presents to the suspected and his (her) defense counsel all materials of the case, except for a list of charges that should be filed, numbered, listed in the inventory sheets of the case, tied together and sealed by the investigative body. Material evidence shall also be presented for familiarization, and at the request of the suspected or his (her) defense counsel the soundtracks, videos, films, slides, and other media, if any, attached to the protocols of the investigation shall be played back. At the request of the suspected or his (her) defense counsel, they can familiarize with the case materials together or separately.
      2. The suspected and the defense counsel in the process of familiarization with the case materials, if it consists of several volumes, shall be entitled to re-apply to any of them, as well as write any information and in any volume, to make copies of documents, including by means of scientific and technical means, except for information containing state secrets or other secrets protected by law. Extracts and copies of documents from the case, which contain information constituting state secrets or other secrets protected by law, shall be kept at the case and handed to the suspected and his (her) defense counsel at the court hearing.
      3. The suspected and the defense counsel cannot be limited in time necessary for them to familiarize with the case materials. If the suspected and the defense counsel is clearly delaying the familiarization with the case materials, the person conducting the pre-trial investigation shall have the right to make a schedule for reviewing the case materials, approved by the procurator, with establishment of a certain period.
      4. After familiarization of the suspected and the defense counsel with the case materials, the person conducting the pre-trial investigation shall find out from them if they make the application and what exactly, what other applications they wish to make. In this case, the suspected and his (her) defense counsel should also be asked, who exactly from the number of witnesses interrogated, as well as from participating in the case experts, specialists and identifying witnesses they wish to call at the hearing for questioning and confirming the position of protection.

Article 297. Procedure for consideration and resolution of
applications, declared at the end of familiarization with
the materials of the criminal case

      1. At the end of the familiarization of the persons, referred to in Article 294 of this Code, with the materials of the criminal case, the person conducting the pre-trial investigation, finds out whether they have any applications or other statements.
      2. The application of the suspected, his (her) defense counsel, legal representative, victim, civil claimant, civil defendant and their representatives, stated orally after familiarization with the case materials, shall be recorded in the protocol of familiarization.
      In cases where the participant to the proceedings, declared its intention to present an application in writing, it is provided the necessary time to prepare it, but not more than three days, as is noted in the protocol of familiarization. Written application shall be attached to the case.
      3. Applications are considered and resolved in the manner prescribed in Article 99 of this Code, on the basis of which the person conducting the pre-trial investigation, shall not have the right to dismiss the application for the establishment of the circumstances relevant to the case. In such cases, the person conducting the pre-trial investigation, recognizing the need to produce additional investigative actions, shall make an order for the reopening of investigation and satisfying the application, in this case, the continuation of the familiarization with the materials of the criminal case by other participants to the proceedings does not interfere the resolution of the application and, if it is satisfied, to conducting investigative actions.
      4. After the production of additional investigative actions the person, conducting the pre-trial investigation, again announces the completion of investigative actions and explains the opportunity for participants to the proceedings previously acquainted with the materials of the criminal case, the right to familiarize with the materials of the additional investigative actions, or, upon request, with the materials of the criminal case within the rights of the respective parties, set out in this Chapter.
      5. In the case of full or partial refusal to satisfy the application declared, the person conducting the pre-trial investigation, shall make an appropriate decision, a copy of which during the day shall give to the person who made the application in person or send to him (her) through the available means of communication.
      6. Refusal of the person, conducting the pre-trial investigation, to satisfy the application in a criminal case may be appealed to the procurator within three days of receipt of the copy of the decision to dismiss the application.
      7. Prior to the resolution of the complaint by the procurator, a criminal case shall not be directed to the court. Deviation by the procurator of the complaint about the refusal to satisfy the application shall not preclude presenting the same application to the court.

Chapter 38. Drafting of the indictment and direction
the criminal case to the procurator

Article 298. Drafting of the indictment

      1. The person conducting the pre-trial investigation, after familiarization with the case materials by participants to the proceedings and resolution of their applications, shall make an indictment.
      2. If a person is suspected of committing several criminal offences, a description of each shall be in chronological order, starting with the criminal offence committed earlier in time than the others.

Article 299. Contents of the indictment

      1. The indictment consists of introductory, descriptive-motivation and operative parts.
      2. The introductory part shall include:
      1) the time and place of drafting the indictment;
      2) the position, surname and initials of the person, who made the indictment;
      3) surname, name and patronymic (if any), date, month, year and place of birth of the suspected.
      3. The descriptive-motivation part shall include:
      1) the event, time, place of the committed criminal offence, its method, motive, consequences, qualification and other circumstances;
      2) information about the victim, the nature and extent of harm caused to him (her);
      3) information about the property obtained by the commission of a criminal offence;
      4) the circumstances, aggravating and mitigating the liability of the suspected;
      5) information about the suspected (citizenship, marital status, occupation, education, place of residence, criminal record), and other data characterizing him (her), a preventive measure, chosen against him (her);
      6) a list of evidence to support the circumstances which are the basis for the accusation;
      7) information about the circumstances, that is a prerequisite for the application of treatment for alcohol, drug or other addiction.
      4. The operative part of the indictment shall contain the surname, name and patronymic (if any) of the suspected, a specific Article, section and paragraph of the Article of the criminal law, which qualifies the punishable act, and to forward the criminal case to the procurator to decide on the approval of the indictment and forward the case to the court for consideration on the merits.
      5. The indictment shall be signed by a person, who made it.
      6. When accusing a person in committing of several criminal offences provided in various articles, parts or paragraphs of the criminal law, the indictment must specify the qualifications of each of these criminal offences separately.
      When accusing of several persons in committing a criminal offence, the indictment shall specify the qualification of a criminal offence in respect of each suspected.
      7. The indictment shall be attached by a list of persons subject to call at the hearing. The list shall indicate the surname, name, patronymic (if any) of the person, his (her) procedural status, place of residence, a reference to the sheet number and volume of the criminal case with his (her) testimony.
      The list should consist of two parts: a list of persons named as suspected and defense counsel (protection list), and a list, compiled by the person conducting the pre-trial investigation (list of charges).
      The list shall be placed in a sealed envelope and attached to the criminal case.
      The indictment shall be attached by a certificate, which specifies the period of the pre-trial investigation, a preventive measure, the period of a person’s detention in custody, the available material evidence and the place of their storage, the measures taken to secure the civil claim and execution of the sentence of the court, procedural costs and the amounts to be recovered from defendant, the claimed claim.

Article 300. Direction of the indictment and criminal
case to the procurator

      1. After preparation of the indictment, the person conducting the pre-trial investigation shall send it with the criminal case to the procurator.
      2. If the suspected is in custody, the criminal case shall be attached by a document proving his (her) identity. In other cases, a copy certified by the person conducting the pre-trial investigation shall be attached.
      3. In the absence of the suspected, who is a foreigner or stateless person, of the identity document, the materials in exceptional cases may be attached by another document.
      Note. The identity documents in this Article shall be:
      1) a passport of a citizen of the Republic of Kazakhstan;
      2) an identity card of the citizen of the Republic of Kazakhstan;
      3) the residence permit of the foreigner in the Republic of Kazakhstan;
      4) a certificate of stateless persons;
      5) a diplomatic passport of the Republic of Kazakhstan;
      6) a service passport of the Republic of Kazakhstan;
      7) a refugee certificate;
      8) a seafarer identity card;
      9) a foreign passport;
      10) a driver’s license;
      11) a certificate of return;
      12) the birth certificate of a person under the age to obtain identity documents;
      13) a birth record;
      14) a military ID.

Chapter 39. The decision of the procurator in a criminal
case, submitted with an indictment

Article 301. Issues, resolved by the procurator in the study
of the criminal case, submitted with an indictment

      1. The procurator studies the criminal case, submitted with an indictment and checks:
      1) whether there was the act and whether the act is part of a criminal offence;
      2) whether there are the circumstances, leading to its termination;
      3) whether the act of the suspected is correctly qualified;
      4) whether the incriminated act of the person is confirmed by the existing in the case evidence;
      5) whether the person is recognized as suspected by the established criminal acts;
      6) whether the measures taken to bring to justice all persons against whom in the case the evidence that they committed criminal offences is obtained;
      7) whether a preventive measure is correctly chosen and whether there are reasons in the case for its changing or cancellation;
      8) whether the measures taken to secure the civil claim and possible confiscation of property;
      9) whether the substantial violations of the criminal procedural law are made in the production of the pre-trial investigation;
      10) whether the criminal prosecution body takes the measures to establish the amounts of procedural costs and other amounts to ensure their collection by the court;
      11) whether there are grounds for concluding a procedural agreement.

Article 302. The decision of the procurator in the criminal
case, submitted with an indictment

      1. As a result of the study of the materials of the criminal case, the procurator makes one of the following:
      1) approves the indictment;
      2) prepares a new indictment;
      3) directs the criminal case to the person conducting the pre-trial investigation for further investigation;
      4) terminates criminal case in full or in part on the grounds, specified in Articles 35 and 36 of this Code;
      5) at its discretion or application of the defense team decides to conclude a procedural agreement;
      6) adds or reduces the list of persons subject to the call to the court, except for a list of defense witnesses.
      2. The actions, specified in the first part of this Article, the procurator performs for:
      1) three days - in criminal cases, completed in an accelerated pre-trial investigation;
      2) ten days - in criminal cases, investigated in a general manner.

Article 303. The decision of the procurator on a
preventive measure

      1. In addressing the issues, listed in the first part of Article 302 of this Code, the procurator shall have the right by a reasoned decision to cancel or change the previously chosen to the suspected preventive measure or to choose a preventive measure, if it has not been applied.
      2. In cases, where the procurator sees the need to cancel, change or choose a preventive measure in the form of detention in custody or house arrest, he (she) is guided by Articles 146, 147 and 153 of this Code.

Article 304. Presentation of the indictment

      1. The procurator provides presentation of the indictment to the accused and a delivery receipt shall be attached to the case.
      2. In cases where the accused is outside the Republic of Kazakhstan and refuses to appear in the prosecutor’s office, the procurator sends the indictment to the accused through the available means of communication.
      If necessary, the procurator organizes the publication of reports on the direction of the criminal case to the court in the media, as well as in the public telecommunication networks.
      3. A copy of the indictment shall be handed to the defense counsel of the accused, the victim and his (her) legal representative or sent to such persons through the available means of communication.
      4. If the accused or the victim does not speak language of the proceedings, on which the pre-trial investigation is conducted, the indictment shall be handed in a language which he (she) speaks.

Article 305. Bringing the accused to the court and direction
of a criminal case to the court

      1. After making the actions, provided for in Article 304 of this Code, the procurator by his (her) decision shall bring the accused to the court and direct a criminal case in court, under jurisdiction of which it is.
      2. If the accused is in custody, the procurator shall notify the head of the administration of the place of detention on the direction of the criminal case in court and that the accused is registered for trial.
      3. The received after sending the case to the court applications and complaints of the participants to the proceedings shall be sent directly to the court.

Section 7. The jurisdiction of criminal cases.
Proceedings in the court of first instance

Chapter 40. The jurisdiction of criminal cases

Article 306. Criminal cases within the jurisdiction of
district and equivalent courts

      1. The district and equivalent courts act as a court of first instance.
      2. The district and equivalent courts have the jurisdiction over all criminal cases, except in criminal cases within the jurisdiction of specialized courts, if their jurisdiction in the cases provided for in this Code is not changed.
      3. At the pre-trial stage of criminal proceedings the district and equivalent courts (investigating judge) consider the complaints about decisions and actions (inaction) of the persons, conducting the pre-trial investigation, the procurator overseeing the legality of the operational-search activity, pre-trial investigation, and sanction the procedural actions in the cases, provided for in this Code.
      4. At the stage of execution of the sentence, the district and equivalent courts consider the matters, referred to in Articles 475 and 476 of this Code, falling within their jurisdiction.
      5. In the cases, stipulated in this Code, the district and equivalent courts for cases within their jurisdiction consider the applications for initiation of proceedings on newly discovered circumstances.

Article 307. Criminal cases within the jurisdiction of
specialized inter-district juvenile court

      1. Specialized inter-district juvenile court acts as a court of first instance, which has jurisdiction over criminal cases:
      1) on criminal offences, committed by minors, except in cases falling within the jurisdiction of specialized inter-district criminal court, specialized inter-district military court in criminal cases and military court of garrison;
      2) on the criminal offences under Article 106 (paragraph 11) of the second part), 107 (paragraph 8) of the second part), 122 (first and second parts), 124 (first and second parts), 132 (first and second parts) 133, 134, 135 (first, second and third parts), 136, 137, 138, 139 (in terms of dereliction of duty in the payment for child maintenance), 140, 141, 142, 143 and 144 of the Criminal Code of the Republic of Kazakhstan.
      2. At the stage of execution of the sentence, the specialized inter-district juvenile courts consider the matters, referred to in Articles 475 and 476 of this Code, falling within their jurisdiction.
      3. In cases, stipulated by this Code, the specialized inter-district juvenile courts for cases within their jurisdiction consider the applications for initiation of proceedings on newly discovered circumstances.
      4. A criminal case within the jurisdiction of the specialized inter-district juvenile court may be transferred to the court of general jurisdiction in the cases, provided for in Article 317 of this Code.

Article 308. Criminal cases within the jurisdiction of the
specialized inter-district criminal court

      1. Specialized inter-district criminal courts act as a court of first instance.
      2. Specialized inter-district criminal courts have jurisdiction over criminal cases of particularly serious crimes, except in cases falling within the jurisdiction of the specialized inter-district military courts for criminal cases.
      3. At the stage of execution of the sentence, the specialized inter-district criminal courts consider the matters, referred to in Articles 475 and 476 of this Code, falling within their jurisdiction.
      4. In the cases stipulated by this Code, the specialized inter-district criminal courts for cases within their jurisdiction consider the applications for initiation of proceedings on newly discovered circumstances.

Article 309. Jurisdiction of criminal cases to the specialized
inter-district military criminal courts and military
courts of garrisons

      1. Specialized inter-district military criminal courts and military courts of garrisons act as a court of first instance.
      2. Specialized inter-district military criminal courts have jurisdiction over the criminal cases:
      1) about the particularly serious military crimes provided for in Chapter 18 of the Criminal Code of the Republic of Kazakhstan;
      2) on the other grave crimes committed by military servicemen undergoing military service under conscription or contract in the Armed Forces of the Republic of Kazakhstan, other troops and military formations, by the citizens in the reserve, while passing their military duties, by the civilian personnel of military units, institutions in connection with the performance of their duties or in the arrangement of these units, formations and institutions.
      3. Military courts of garrisons, except in cases under the jurisdiction of the specialized inter-district military criminal court have jurisdiction over the criminal cases:
      1) about the military criminal offences, provided for in Chapter 18 of the Criminal Code of the Republic of Kazakhstan;
      2) on the other criminal offences, committed by military servicemen undergoing military service under conscription or contract in the Armed Forces of the Republic of Kazakhstan, other troops and military formations, the citizens in the reserve, while passing their military duties, by the civilian personnel of military units, formations, institutions in connection with the performance of their duties or in the arrangement of these units, formations and institutions.
      4. At the stage of execution of sentence, the specialized inter-district military criminal courts and military courts of garrisons shall consider the matters referred to in Articles 475 and 476 of this Code under the cases falling within their jurisdiction.
      5. In the cases, provided for in this Code, the specialized inter-district military courts and military courts of garrisons for cases within their jurisdiction consider the applications for initiation of proceedings on newly discovered circumstances

Article 310. Criminal cases within the jurisdiction of
the regional and equivalent courts

      1. Regional and equivalent court acts as a court of appeal and cassation.
      2. Regional and equivalent court considers in the appeal procedure the cases on the appellate (private) appeals, protests to not become enforceable judgments and decisions of the district and equivalent courts, the specialized inter-district juvenile courts, as well as the specialized inter-district criminal courts.
      3. Regional and equivalent court considers in the cassation procedure the cases on the cassation (private) appeals, protests on the entered into force judgments and decisions, made by the courts of first instance after consideration on the appellate instance, as well as on the judgments and decisions of the court of appeal.
      4. At the pre-trial stage of the criminal proceedings, the regional and equivalent courts consider complaints, protests against the decision of the investigating judge.
      5. At the stage of execution of the sentence, the regional and equivalent courts consider on the appellate procedure private complaints, protests against the decisions of the courts of first instance, taken in considering matters referred to in Articles 475 and 476 of this Code.
      6. In the cases, provided for in this Code, the regional and equivalent courts for cases within their jurisdiction consider the applications for initiation of proceedings on newly discovered circumstances

Article 311. Jurisdiction of military court

      1. Military Court acts as a court of appeal and cassation.
      2. Military Court considers in the appeal procedure the cases on the appellate (private) appeals, protests to not become enforceable judgments and decisions of the military courts of garrisons, specialized inter-district military criminal courts, including those made when considering matters, referred to in Articles 475 476 of this Code.
      3. Military Court considers in the cassation procedure the cases on the cassation (private) appeals, protests on the entered into force judgments and decisions, made by the courts of garrisons, specialized inter-district military criminal courts, after their consideration on appeal, as well as the judgments and decisions of the appellate instance of the Military Court.
      4. In the cases provided for in this Code, the Military Court for cases within their jurisdiction considers the applications for initiation of proceedings on newly discovered circumstances.

Article 312. Consideration of cases on the application
of compulsory medical measures

      Cases on the application of compulsory medical measures to persons who have committed in a state of insanity the prohibited by criminal law act or have mental illness after committing a crime shall be considered by the court of first instance in accordance with the jurisdiction, established by Articles 306, 307, 308 and 309 of this Code.

Article 313. Criminal cases within the jurisdiction of the
Supreme Court of the Republic of Kazakhstan

      1. The Supreme Court of the Republic of Kazakhstan acts as the highest court, which considers in supervisory judicial board the applications of the parties and protests of the procurator on criminal cases to the:
      1) sentences, decisions of the courts of first and appellate instances only after their consideration in cassation;
      2) decisions of the courts of cassation.
      2. In the cases provided for in this Code, the board of the Supreme Court of the Republic of Kazakhstan for cases within their jurisdiction considers the applications for initiation of proceedings on newly discovered circumstances.

Article 314. The territorial jurisdiction of criminal cases

      1. A criminal case shall be considered by the court at the place of commission of a criminal offence.
      2. If the criminal offence is started in the place of business of the court, and finished in the place of business of another court, the case shall be under the jurisdiction of the court at the place of termination of the investigation.
      3. If the criminal offence is committed outside the Republic of Kazakhstan or the scene of a criminal offence can not be determined, or if the criminal offences are committed in different places, the case shall be considered by the court at the place of termination of the investigation.
      The place of the end of the investigation shall be the place of preparation of the indictment or making the decision on the direction of the case to the court for the application of compulsory medical measures.

Article 315. Determination of jurisdiction in
combining of criminal cases

      When the accusation of one person or group of persons in committing of several criminal offences, at least one of which is classified as particularly serious, the case shall be considered by the specialized inter-district criminal court, and the case of the criminal offences referred to in Article 309 of this Code shall be considered by the specialized inter-district military criminal court.
      In the case of complicity in committing of a criminal offence, not belonging to the category of particularly serious, and the inability to separate the case into separate proceedings, the cases shall be considered by:
      the specialized inter-district juvenile court - cases in which at least one of the accomplices is a minor, if there are no accomplices among military servicemen;
      the military court of garrison - cases in which at least one of the partners is a military or other person referred to in paragraph 2) of the third part of Article 309 of this Code.

Article 316. Transfer of criminal case under the jurisdiction
of the court, initiated proceedings in the case

      1. The Court shall transfer the case to another jurisdiction if it is established that the submitted case is not under its jurisdiction.
      2. If the violation of the rules of the territorial jurisdiction of the case, provided for in Article 314 of this Code, is determined in the main court hearing, the court with the consent of all parties shall have the right to leave the case in its production.
      3. In all cases, the case shall be sent to another jurisdiction, if it is established that it is under the jurisdiction of the specialized inter-district criminal court, specialized inter-district military criminal court, or military court of garrison.

Article 317. Transfer of criminal case from the court,
which has jurisdiction over it to another court

      1. In some cases, in order to the fastest, comprehensive and objective consideration of the case, it at the request or with the consent of the parties may be transferred to consideration from one court to another of the same level.
      In this case the transfer of case shall be permitted only prior to its consideration at the court session.
      2. At the request of the party, the presentation of a judge or Chairman of the court the case may also be submitted for consideration from one court to another of the same level, if the court is unable to consider the case because of the circumstances that prevent all judges of the court to participate in the proceedings, as well as in order to ensure comprehensive and objective consideration of the case or when the transfer to another court is related to the real threat to the personal safety of trial participants.
      3. The issue of transfer of the case on the grounds, set out in the first and second parts of this Article from one court to another shall be permitted by a higher court and the decision about it shall be made. Transfer of the case from appeal or cassation instance of one court to the appropriate instances of another court shall be carried out on the grounds and in the manner, provided for in this Article.

Article 318. Resolution of disputes over jurisdiction

      1. Disputes over jurisdiction between courts shall be resolved by a higher court, which decision is final and not appealable.
      2. The statements of the parties on lack of jurisdiction of the case to this court shall be resolved by this court. The court order, issued on the question of jurisdiction may be appealed to a higher court, which decision is final and binding, and shall not be protested.

Chapter 41. The decision on the appointment of the main
trial and preparatory actions for the court hearing

Article 319. Actions of the court on the submitted
criminal case

      1. When submitting of a criminal case to the court, the Chairman of the court or another judge on his (her) behalf, resolves the adoption of a case in court.
      2. The judge in the case submitted takes one of the following decisions on:
      1) the appointment of the main trial in general or in short order;
      2) conducting of a preliminary hearing of the case.
      3. The decision on the case the judge takes in the form of a ruling, which shall specify:
      1) the time and place of the ruling;
      2) the position and name of the judge who issued the ruling;
      3) grounds and essence of the decisions made.
      4. The decision must be made no later than five days from receipt of the case to the court.
      5. At the same time with making a decision the judge shall consider the reasonableness of the application or non-application to the accused of the preventive measure, and validity or invalidity of its type, if a preventive measure is chosen, to extend the application of the preventive measure, if it has expired by this time.

Article 320. The issues to be clarified by submitted
to the court case

      When deciding on the possibility of appointing a court hearing the judge shall find out in respect of each of the defendants the following:
      1) whether the court has the jurisdiction over the case;
      2) whether there are circumstances leading to termination or suspension of the proceedings;
      3) whether the violations of criminal procedural law that prevent appointment of the hearing are made during the pre-trial investigation, the accelerated pre-trial investigation, concluding a procedural agreement, the agreement on reconciliation in order of mediation;
      4) whether the copy of the indictment is handed;
      5) whether the preventive measure chosen to the accused is subject to change or cancellation, or the extension of its application;
      6) whether the measures, ensuring the compensation for damage caused by a criminal offence are taken, and the possible confiscation of property;
      7) whether there are applications and petitions.

Article 321. Preliminary hearing

      1. Conducting a preliminary hearing in cases of particularly serious crimes is mandatory. In other cases, a preliminary hearing is conducted, if necessary to decide to transfer the case to another jurisdiction, sending the case to the procurator, dismiss the case, suspend the proceedings, the combining and separation of criminal cases, as well as consideration of the application of the parties.
      2. A preliminary hearing is conducted by a single judge in the court hearing within ten days from the date of the decision to hold it. The parties shall be notified about the time and place of the preliminary hearing. The protocol shall be kept during the preliminary hearing.
      3. Participation in the court hearing of the defendant, who is accused of committing of a particularly serious crime, his (her) defense counsel and the public procurator is mandatory. In the absence of the defendant, who is accused of committing other criminal offences, a preliminary hearing shall be conducted, if so requested. In case of absence of the defense counsel without a valid reason, as well as his (her) participation in the preliminary hearing is not possible, the judge shall take measures to ensure the participation in the court hearing of the newly appointed defense counsel. Failure to appear in the court hearing of the victim and his (her) representative, civil claimant, civil defendant or their representatives shall not prevent preliminary hearing of the case.
      4. During the preliminary hearing, the judge shall ask the defendant, who is accused of committing a crime for which the criminal law provides for the death penalty or life imprisonment, except in cases of military crimes committed in time of war or combat situation, as well as crimes under Articles 99 (paragraph 15) of the second part), 170 (fourth part), 175, 177, 178, 184, 255 (fourth part), 263 (fifth part), 286 (fourth part), 297 (fourth part), 298 (fourth part), 299 (fourth part) of the Criminal Code of the Republic of Kazakhstan, on the presence of his (her) request for consideration of his (her) case to the jury, and if such a request is stated whether he (she) supports his (her) request.
      5. The judge makes a decision on the results of the preliminary hearing, which sets out the decision on the issues discussed. If there are no grounds for transfer of the case to another jurisdiction, the suspension of the proceedings, dismissal of the case, the court with the provisions of Article 322 of this Code shall order on the appointment of the main trial.
      6. If, during the preliminary hearing, the procurator changes the accusation, he (she) represents a new formulation to the court in writing and the judge reflects it in the decision. If the procurator’s changing the accusation involves changing the jurisdiction, the judge returns the case to the procurator for the redrawing of the indictment and transferring the case to another jurisdiction.

Article 322. Appointment of the main trial

      1. The judge appoints the main trial in accordance with the fifth part of Article 321 of this Code or without a preliminary hearing of the case, coming to the conclusion that during the pre-trial proceedings all the requirements of this Code to ensure the rights of participants in the process are complied with and there are no other circumstances that prevent consideration of the case in court.
      2. The decision on the appointment of the main trial must contain:
      1) identification of the person, who is the defendant;
      2) a precise indication of the criminal law, under which he (she) brought to justice;
      3) the decision to maintain, to cancel, change or chose the preventive measure or the measures to secure the civil claim and the possible confiscation;
      4) the decisions on the challenges, applications and other statements of the participants in the process;
      5) the decision on the admission as a defense counsel of the person, chosen by the accused, or the appointment of the last a defense counsel;
      6) a list of persons, subject to call to the main hearing. Persons whose testimony is deposited in the pre-trial investigation, shall not be called to the court hearing;
      7) the decision on the hearing of the case in the absence of the defendant in the case where the law allows absentee consideration of his (her) case;
      8) information on the place and time of the court hearing;
      9) the decision on the consideration of the case in general or in short order, open or closed court hearing in the cases stipulated by this Code;
      10) the language of the court proceedings;
      11) the decision on the substitute judge.
      3. If a preliminary hearing of the case is not conducted, the decision on the appointment of the main court hearing should specify the decisions on the issues which are put up for discussion.
      4. The main trial shall commence no earlier than three days from the date of notification of the parties of the place and time of the court hearing and no later than ten days at a reduced order of consideration, and fifteen days under the general order of consideration from the issuance of the decision on its appointment. In exceptional cases, this period may be extended by the decision of the judge, but not more than thirty days.
      5. The main trial must be completed within a reasonable time. In a reduced production, the main trial must be completed within the timeframe, established by Article 382 of this Code.

Article 323. The direction of the case to the procurator

      In establishing substantial violations of the criminal procedural legislation, preventing the appointment of the main trial, as well as their establishment in the main trail for accelerated pre-trial proceedings or concluded procedural agreement, the court returns the case to the procurator to address them.

Article 324. Suspension of the criminal proceedings

      1. Decision to suspend the proceedings may be made by the judge on the grounds, specified in the first, second, third parts of Article 45 of this Code.
      2. The proceedings may be suspended in respect of one of the several defendants, provided that it does not infringe his (her) rights or the rights of other defendants to defense. In the case, where the defendants in respect of whom, the proceeding is not suspended, are in custody and the judge does not find it possible to change their preventive measure, the suspension of proceedings shall be possible for a period not exceeding six months. If during this time the grounds for the suspension of proceedings against any of the defendants do not disappear, the proceedings against the other defendants should be renewed and the date of the main trail is appointed.
      3. In case of suspension of the proceedings on the grounds provided by paragraph 1) of the first part of Article 45 of this Code, the case shall be returned to the procurator, except in cases, specified in the second part of Article 335 of this Code.

Article 325. Measures to secure the civil claim
and confiscation of property

      If the interrogating officer, investigator or procurator does not take measures to ensure compensation for damage caused by a criminal offence, and the possible confiscation of property, the judge shall require the criminal prosecution bodies to take the necessary measures to support them.

Article 326. The direction of the criminal case to
another jurisdiction

      If the judge finds that the case is not within his (her) jurisdiction, he (she) shall make a decision to transfer the case to another jurisdiction with bringing the legal basis of the decision and indicating the court, where the case is sent to, about what the participants to the proceedings are notified.

Article 327. Termination of criminal case

      The judge during the preliminary hearing or in the main trail makes a decision to terminate the case on the grounds, specified in the first part of Article 35 and the first part of Article 36 of this Code, as well as in the main trail in the event of failure of the public prosecutor to press charges. After making the decision to terminate the case, the judge cancels the preventive measure, the measures to secure the civil claim and confiscation of property, and resolves the issue of material evidence. A copy of the judge’s decision to terminate the case shall be sent to the procurator, and handed to the person, subject to criminal liability, and the victim.

Article 328. Ensuring the parties an opportunity to
study the case

      After the appointment of the main trial, the judge shall provide the parties an opportunity to get acquainted with all materials of the case, that they are not acquainted at the pre-trial stage, to write out the necessary information from them and make copies using the scientific and technical means, except for information constituting the state secrets or other legally protected secret.

Article 329. Delivery of the copies of documents

      If in deciding on the appointment of the court session the preventive measure is changed or the list of persons, subject to call to the court is changed, or the procurator changes the charge, the defendant, his (her) defense counsel, the victim and his (her) representative shall be handed a copy of the judge’s decision on these decisions and the new wording of the charges, made by the procurator.

Article 330. Calls to the court session

      1. A judge shall order the call to the court session of the persons, referred to in its decision, as well as take steps to prepare for the court session.
      2. Ensuring attendance at the court session of the defense witnesses and prosecution witnesses may be assigned to the relevant parties. When appointing the main trial in a reduced order, the witnesses shall not be called to the court session.

Chapter 42. General conditions of the main trial

Article 331. The immediacy and orality of the trial

      1. In the proceedings all the evidence in the case shall be subject to direct research. The court must hear the testimony of the defendant, victim, witnesses, and announce and explore the findings of experts, examine material evidence, read out protocols and other documents, produce other judicial actions to study the evidence, except as provided in this Code.
      2. Announcement of testimony, given during the pre-trial investigation is possible only in exceptional cases, stipulated by this Code.
      3. The court’s sentence can be based only on evidence, which is examined in the court session, and with reduced judicial investigation - on the evidence, obtained during the investigation and inquiry, and not disputed by the parties in court.

Article 332. The constancy of the composition of the
court in the proceeding

      1. The case must be considered by the same judge.
      2. If it is impossible for the judge to continue to participate in the trial, he (she) shall be replaced by another judge, and the hearing begins again, except in cases provided for in Article 333 of this Code.

Article 333. Substitute judge

      1. During consideration of the case, requiring a long time for its trial, a substitute judge may be appointed.
      2. A substitute judge shall be in the main trial since the beginning of the opening of the court session or since the adoption of the court decision on his (her) participation, and in the case of disposal of the judge, he (she) replaces him (her). At the same time, the trial continues. A substitute judge enjoys the rights of judges from the disposal of the previous judge. A substitute judge, who took the place of the retired judge, is entitled to demand the resumption of any judicial action.

Article 334. The powers of the presiding judge
in the main trial

      1. A judge, charged with the consideration of the case shall preside in the main trial.
      2. The presiding judge directs the court session, in the interests of justice takes all the measures provided for in this Code to ensure equality of rights of the parties, maintaining objectivity and impartiality, creates the necessary conditions for an objective and complete investigation of the circumstances of the case. The presiding judge also ensures compliance with regulations of the court session, explains to all participants of the trial of their rights and responsibilities, and procedures for their implementation. In case of objection of any of the persons involved in the trial against the actions of the presiding judge, these objections shall be recorded in the protocol of the court session.

Article 335. Participation of the defendant in the main trial

      1. The main trial takes place with the obligatory participation of the defendant, except in cases specified in the second part of this Article. When defendant does not appear, the case must be postponed. The court may drive the defendant, who does not appear without a good reason, as well as apply or change a preventive measure against him (her).
      2. The proceedings in the absence of the defendant may be allowed only in the following cases:
      1) where a defendant, who is accused of committing a criminal infraction or a crime of small and medium gravity, requests for consideration of the case in his (her) absence;
      2) when the defendant is outside the Republic of Kazakhstan and refuses to appear in court;
      3) failure of the defendant, who is in custody to appear and be present at the court session.

Article 336. Participation of a defense counsel
in the main trial

      1. The defense counsel of the defendant participates in the main trial in the cases provided for in Article 67 of this Code, as well as at the invitation of the defendant, their legal representatives, as well as other persons on behalf of or with the consent of the defendant.
      2. At absence of the defense counsel and the inability to replace him (her) in this court session, the proceedings shall be postponed. Replacement of the defense counsel, who does not appear at the court session, shall be permitted only with the consent of the defendant. If the participation of the defense counsel, invited by the defendant is not possible within five days, the court in accordance with Article 68 of this Code, postponing the main trial, proposes to the defendant to choose another defense counsel, and at his (her) refusal appoints a new defense counsel.
      In case of refusal of the defendant from the defense counsel, the court shall issue a ruling on the acceptance or rejection of refusal of the defense counsel.
      3. The defense counsel, re-entering the case, shall be given the time required to prepare for participation in the trial. He (she) is entitled to apply for a repetition of any act committed in the proceedings prior to his (her) entry into the case.
      4. The defense counsel of the defendant presents the objects, documents and information necessary for the provision of legal aid, collected in the order specified in the third part of Article 122 of this Code, participates in the study of other evidence, recites to the court his (her) opinion on the merits of the charge and its proof, on the circumstances mitigating liability of the defendant, or justifying him (her), measure of punishment, as well as other matters, arising in the court proceedings.

Article 337. Participation of the public prosecutor
in the main trial

      1. Participation in the main trial of the procurator as a public prosecutor is mandatory, except in the cases of private prosecution.
      2. Several procurators may support public prosecution in complex and many-incident cases.
      3. If the impossibility of further participation of the procurator in the court proceedings is detected, he (she) can be replaced. Entry into the case of a new procurator shall not result in the repetition of actions, which by that time are committed in court, but at the request of the procurator, the court may give him (her) time to study the case.
      4. The procurator presents evidence and participates in their study, recites the court his (her) opinion on the merits of the charge, as well as other issues that arise during the trial, expresses proposals to the court for the application of the criminal law and the appointment of punishment for the defendant.
      5. The procurator makes or supports the civil claim brought in the case, if this is required to protect the rights of citizens, state or public interests.
      6. Supporting the charges, the procurator is guided by the requirements of the law and his (her) inner conviction, based on a review of all the circumstances of the case. The procurator may change the charges. The procurator shall deny the charges (in whole or in part), if he (she) comes to the conclusion that it is not confirmed in the court proceedings. The refusal of the public prosecutor of the charges shall be permitted during the judicial investigation or court pleadings.
      7. In the case of complete failure of the procurator to press charges, if the victim also denies the charges, the court shall dismiss the case by its decision. If the victim insists on the charges, the court shall continue the proceedings and decide a case in a general procedure. The procurator in this case is exempted from further participation in the process, and the victim supports the charges in person or through a representative. At the request of the victim, he (she) shall be given time by the court to invite a representative. In partial refusal of the procurator and the private prosecutor from charges, the court dismisses the case in that part of the charges, refused by the prosecution party, and the case in the rest of the charges is considered in the general procedure. If the procurator changes the charges and at the same the victim does not insist on the previous charges, the court considers the case on new charges.
      8. In the cases, provided for in this Code, the procurator has the right to conclude a procedural agreement with the defendant. If there are circumstances, specified in the third part of Article 68 of the Criminal Code of the Republic of Kazakhstan, the procurator may apply for the termination of the criminal case.

Article 338. Participation of the victim in the main trial

      1. The main trial takes place, with the participation of the victim or his (her) representative.
      2. When the victim does not appear to the court, it is decided the issue of proceedings or postponing it, depending on whether it is possible the full clarification of all circumstances of the case in the absence of the victim and the protection of his (her) rights and legitimate interests. If the representative of the victim comes to the court session, the court decides the issue, taking into account the views of the representative.
      3. At the request of the victim, the court may release him (her) from presence at the court session, by requiring him (her) to appear at a certain time to testify.
      4. In the cases of private prosecution failure of the victim to appear without good reason at the court session shall result in termination of the case, but at the request of the defendant, the case may be considered on the merits in the absence of the victim.

Article 339. Participation of the civil claimant or civil
defendant in the main trial

      1. The civil claimant, civil defendant or their representatives participate in the main trial.
      2. At absence of the civil claimant or his (her) representative to the court, a civil claim may be left without consideration. The civil claimant retains the right to sue in civil proceedings.
      3. The court may, at the request of the civil claimant or his (her) representative, consider a civil claim in the absence of the civil claimant.
      4. The court considers a civil claim regardless of appearance of the civil claimant or his (her) representative, if the court considers it necessary or if the procurator supports the claim.
      5. Absence of the civil defendant or his (her) representative does not stop consideration of the civil claim.

Article 340. Limits of the main trial

      1. The main trial is conducted only in relation to the defendant and to the extent of that charges on which he (she) is brought to trial, except in the case provided for in the second part of this article.
      2. Changing the charges is permitted, provided that this is not violated the defendant’s right to a defense.
      3. If during the main trial it is necessary to combine the case under consideration with another criminal case, criminal prosecution of others, if their actions are associated with this case and the separate proceedings in respect of new persons is not possible, the court at the request of the prosecution party, taking into account the views of other participants in the process interrupts the proceedings and conducts a preliminary hearing in the manner, provided in Article 321 of this Code.
      4. When combining in the preliminary hearing the criminal case under consideration, with the newly entered case, the court gives the procurator time to prepare a new indictment.
      5. If during the main trial, it is necessary to file more serious charges to the defendant or the charges different from the original, the court may postpone consideration of the case and gives the procurator time for the preparation of a new indictment.
      6. The court proceedings in the combining case shall be as provided by section 7 of this Code. Re-examination of the evidence, which is examined by the court before preparation of a new indictment, shall be carried out in the event if the court finds it necessary.

Article 341. Postponement of the main trial and suspension
of the criminal case

      1. If it is impossible the proceedings due to failure to appear at the court session of any of the persons called or in connection with the need to reclaim new evidence, preparation and delivery of a new indictment by the procurator or conducting the mediation procedure, conclusion of procedural agreement, the court shall issue an order to postpone the proceedings for a specified period. At the same time, the court may order the parties to ensure the attendance of witnesses, respectively, the prosecution and defense, as well as other persons called at the court session on the request. If necessary, the court assists the parties in obtaining evidence about which they filed a petition.
      2. In postponing the court proceedings in connection with the necessity of drawing up a new indictment, the court shall take measures to ensure the right of the defense party to get acquainted with the additional case materials and provides time to seven days to prepare a defense against the new charge.
      The new indictment is handed over to the defendant, his (her) defense counsel (with his (her) participation), the victim, the legal representative and the representative, and shall be attached to the case.
      3. If there are grounds, provided by the first - third parts of Article 45 of this Code, the court shall suspend the proceedings in respect of one or more of the defendants until the elimination of these circumstances and continue the proceeding against the remaining defendants.
      4. Search of hiding defendant is declared by a court ruling.

Article 342. The decision on a preventive measure

      1. During the main trial, the court may choose, change, cancel or extend the preventive measure against the defendant.
      2. The period of detention in custody of the defendant as a preventive measure may not exceed six months after receipt of the case to the court and prior to the sentence.
      3. In cases of serious crimes after the expiration of the period specified in the second part of this article, the court is entitled by its decision to extend the detention period to twelve months.
      4. After the expiration of the detention periods, specified in the second and third parts of this Article, the court shall change the defendant’s preventive measure to house arrest or other preventive measure.
      5. The restrictions, set out in the second and fourth parts of this Article shall not apply to cases in which at least one of the defendants is accused of committing of a particularly serious crime.

Article 343. Termination of the case in the main trial

      The case shall be subject to termination in the main trial, if the circumstances specified in paragraphs 3) - 12) of the first part of Article 35 of this Code are established, as well as the failure of the prosecutor to press charges in accordance with the rules of the sixth part of Article 337 of this Code. The case may be terminated in the main trial also on the grounds, specified in the first part of Article 36 of this Code.
      Decision to terminate the criminal case shall be made in compliance with the requirements of Article 288 of this Code.

Article 344. The order of rulings in the main trail

      1. For all issues, resolved by the court during the main trial, the court shall issue decisions that must be made public in court.
      2. Decisions to terminate the case, suspend the proceedings, choose, change, or cancel a preventive measure, on the challenges, appointment of examination and private decisions shall be made in the deliberation room and set out in the form of a separate document.
      3. Other decisions at the discretion of the court shall be made either in the order, specified in the second part of this Article, or on the spot - in the courtroom with the entry of the decision in the protocol of the court session.
      4. Decisions, made in the main trial on the issues of study of the evidence shall not be appealed and protested. Disagreement with the decisions, made in the course of the main trial, may be included in the appellate appeal or protest.

Article 345. The order of the main trial

      1. The main trial takes place under conditions ensuring the normal work of courts and security of participants to the proceedings. The main trial may take place in video, decided by the presiding judge.
      2. Before entering the court in the courtroom the officer of justice, and in his (her) absence - the court session secretary announces: “The court is”, and all persons, attending at the court session rise, after which by offer of the presiding judge take their places.
      3. All the participants in the proceedings apply to the court, testify and make statements standing. Deviation from these rules is allowed with the permission of the presiding judge.
      4. All participants in the main trial, as well as all those present in the courtroom citizens must obey the instructions of the presiding judge on compliance with the order of the court session.
      5. Persons under the age of sixteen years, if they are not a party or a witness are not allowed in the courtroom. If necessary, the officer of justice is entitled to request a citizen the document, confirming his (her) age. The drunken persons are not allowed in the courtroom.
      6. Photography, use of sound, video and filming in the courtroom shall be allowed with the consent of the participants in the process and the permission of the presiding judge. These actions should not interfere with the normal course of the trial.
      7. The Court in order to ensure the safety of participants to the proceedings adopts measures and conducts court proceedings in accordance with the provisions of Article 98 of this Code.
      8. Before the start of the main trial, the presiding judge explains all participants in the proceedings of the right to go to court to ensure security measures.
      9. At the request of one of the parties or participants in the proceedings on the adoption of security measures, the court may rule on the matter.

Article 346. Measures to be taken to ensure the order
in the main trial

      1. In case of violation of the order at the court session, disobeying the orders of the presiding justice, as well as performing other actions (inaction), clearly demonstrating the contempt of court, the presiding judge shall have the right to expel a person from the courtroom or to announce the establishment of the fact of contempt of court in cases that do not contain elements of a criminal offence and impose on the guilty person a monetary penalty in the manner provided in Article 160 of this Code. Expelling may be made in respect of any participant in the proceedings or any other person, except the prosecutor and defense counsel. Monetary penalty may not be imposed on the defendant and his (her) lawyer, participating as a defense counsel.
      2. If the defendant is expelled from the courtroom or he (she) refuses to participate in the proceedings of the case, the presiding judge before each court session shall find out from him (her) whether he (she) wishes to be present in the courtroom, if he (she) follows the rules. The sentence must be declared in the presence of the defendant, and in his (her) refusal to attend, this sentence shall be declared him (her) against receipt immediately after the declaration.
      3. The court shall issue a decision on expelling from the courtroom of the participant in the process and imposing a monetary penalty.
      4. The persons, attending at the court session, but are not the participants to the proceedings, in case of violation of the order shall be expelled from the courtroom by the order of the presiding judge. In addition, they may be imposed a monetary penalty by the court.
      5. If there are signs of a criminal offence in the actions of the violator of the order in a court session, the court shall send materials to the procurator to decide on the beginning of the pre-trial investigation.

Article 347. Protocol of the main trial

      1. During the main trial, the court session secretary shall keep a protocol.
      2. The protocol shall be made by computer, electronic (including sound, video), typewritten or handwritten way.
      Additional materials of fixing court session shall also be attached to the protocol of the court session and stored together with the case.
      In such cases, a written summary of the protocol is drawn up, indicating the composition of the court and the application of these scientific and technical means of the trial.
      3. The protocol, made on paper, if the sound, video recording of the trial is not applied, shall indicate: the number and the date of the main trial, the start time and end time; the case is pending; the name and composition of the court, secretary, interpreter, prosecutor, defense counsel, defendant, as well as the victim, civil claimant, civil defendant and their representatives and other persons called by the court; the identity of the defendant and the preventive measure; court actions in the order in which they occurred; applications, objections and petitions of the persons, involved in the case; the court rulings handed down without removing the deliberation room; the instructions for the orders in the deliberation room; the explanation of persons involved in the case of their rights and responsibilities; the detailed content of the testimony; the questions of the persons, involved in the interrogation which were allotted by the court or on which the interrogated person refused to answer; the questions put to the expert, and his (her) answers; the results of the produced in the court session examinations and other actions on research of evidence; the results of the examination of allegations of torture, violence and other cruel, inhuman or degrading treatment and the process of their research; reference to the fact that the person involved in the case asked to verify in the protocol; the main content of speeches in the pleadings of the parties and the last word of the defendant; indication of sentencing and clarifying the procedure and term of appeal. Testimony is written in the first person and literally as possible, the questions and answers are recorded in the sequence, which took place during the interrogation. In addition, the protocol also indicates the evidence of contempt of court if it occurred, and the identity of the offender and the enforcement actions, taken by the court against the offender.
      4. Protocol shall be made and signed by the presiding judge and the secretary no later than five days, and on many-incident cases and cases considered by a jury, within ten days after the end of the court session. Protocol in the trial may be made in parts, which, as a whole protocol shall be signed by the presiding judge and secretary of the court session. At the request of the parties, the made part of the Protocol shall be issued as soon as available.
      5. If there is disagreement about the correctness of the entries in the protocol of the trial, made on paper between the presiding judge and the secretary of the court session, the last may attach to the protocol its objections in writing, together with the notes made during the court session, including sound, video recordings of the court session.
      6. The presiding judge shall inform the parties about the protocol of the main trial and provide them with an opportunity to review it and the materials of sound and video recordings.
      7. The person, interrogated in the main trial, shall be entitled to petition for review the record in the protocol and the materials of sound and video recordings of his (her) testimony. Such an opportunity must be given not later than the next day after submission of such petition.
      8. At the request of the parties or persons, referred to in the seventh part of this Article, the court is obliged to submit the protocol in the form of electronic document, certified by electronic digital signature of the presiding judge and the court session secretary.

Article 348. Comments on the protocol of the main trail

      Within five days after the signing of the protocol of the main trail on the paper, the parties, as well as other persons referred to in the seventh part of Article 347 of this Code, may familiarize with the protocol of the court session, submit comments on the protocol in writing or in the form of electronic document, certified by electronic digital signature. In the case, when the protocol of the court session of a large volume, the presiding judge at the request of the parties shall establish a longer reasonable period of time to become familiar with it and to submit comments.

Article 349. Consideration of comments on the protocol
of the main trial

      1. Comments on the protocol of the main trial, made on paper shall be considered by the presiding judge, and in his (her) long-term (at least five days) absence by another judge of the same court, which has the right to call the persons who submitted them.
      2. Upon review of the comments the judge shall issue a reasoned decision as to the identity of their correctness or their rejection, which shall not be subject to appeal and protest, disagreement with him (her) may be included in the appeal or protest. Comments on the protocol and the decision of the judges shall be attached to the protocol of the main trial.

Chapter 43. Preparatory part of the main trial

Article 350. The opening of the main trial

      At the appointed for the main trial time the court session secretary or the officer of justice announces to all present in the courtroom: “I ask all to stand up! The court is coming!”. After that, the presiding judge enters the courtroom, offers all those present to take their seats and announces the criminal case and in the open or closed court session it will be considered. If a closed court session is declared, the presiding judge offers all those present, except for participants in the proceedings and called to the court session persons to leave the courtroom.
      When using in a court session means of sound, video, cinematography, the presiding judge shall declare it.

Article 351. Checking attendance of persons, called in
the main trial

      The court session secretary shall report to the court about the appearance of persons, who should be involved in the main court session, and informs about the reasons for non-attendance of absent persons.

Article 352. Explanation of the interpreter his (her)
rights and obligations

      1. If an interpreter is invited to participate in the court session, the presiding judge reports who participates as an interpreter and explain to him (her) his rights, obligations provided for in Article 81 of this Code.
      2. The interpreter is warned by the presiding judge about the criminal liability for knowingly false translation, as he (she) has shown subscription, which is attached to the protocol of the court session. The interpreter is also warned that in case of failure to perform their obligations, he (she) may be imposed a monetary penalty in the manner, prescribed in Article 160 of this Code.

Article 353. The issue of challenge of an interpreter

      The presiding judge explains the appeared parties, witnesses, experts, specialists of their right to challenge the interpreter and explains the statutory grounds, entailing challenge of an interpreter. The court resolves the declared challenge in accordance with the rules, established by Article 86 of this Code. If challenge of the interpreter is satisfied, the court invites another interpreter, in respect of which the issue of challenge is considered in the same procedure.

Article 354. Removal of witnesses from the courtroom

      The appeared witnesses are removed from the courtroom prior to their interrogation. The presiding judge shall take measures to ensure that witnesses, who are not interrogated by the court, do not communicate with the interrogated witnesses, as well as with other persons in the courtroom.

Article 355. Identification of the defendant and the timeliness
of delivery to him (her) of the copy of indictment

      The presiding judge shall establish the identity of the defendant, finding out his (her) surname, first name, patronymic (if available), year, month, date and place of birth, compares the data with the document proving his (her) identity, or its certified copy, the command of language of the proceedings, the place of residence, occupation, education, marital status, and other information concerning his (her) identity. Then the presiding judge ascertains whether the defendant is handed a copy of the indictment and when exactly. In this case, the court proceedings of the case cannot be started earlier than three days from the date of delivery of a copy of the indictment, if the defendant does not request to do so, as well as except as provided for by Article 411 of this Code.

Article 356. Announcement of the composition of the court and
other participants to the proceedings

      The presiding judge announces the composition of the court, informs who is the prosecutor, defense counsel, victim, civil claimant, civil defendant or their representatives, as well as the court session secretary, officer of justice, expert, specialist.

Article 357. The procedure for resolution of challenges

      1. The presiding judge shall explain to the parties of their right to challenge the composition of the court, as well as the persons referred to in Article 356 of this Code, on the grounds specified in Articles 87, 88, 89, 90, 91, 92 and 93 of this Code. These rules shall apply in respect of a substitute judge.
      2. The court resolves the declared challenges in accordance with the rules, established by Articles 86 and 87 of this Code.

Article 358. Explanation to the defendant of his (her) rights

      The presiding judge shall explain to the defendant his (her) rights in the main trail, provided for in Article 65 of this Code, as well as the right to conclude a procedural agreement, reconciliation with the victim in cases prescribed by law, including by way of mediation.

Article 359. Explanation to the victim, the private prosecutor,
civil claimant and civil defendant of their rights

      The presiding judge shall explain to the victim, the private prosecutor, civil claimant, civil defendant and their representatives their rights in the main trail, provided for in Articles 71, 72, 73, 74, 76 and 77 of this Code. The victim in cases of private prosecution, as well as in cases of criminal infraction and crimes of small and medium gravity, committed for the first time, as well as in the cases provided for by Article 68 of the Criminal Code of the Republic of Kazakhstan, shall be explained his (her) right to a reconciliation with the defendant, including by way of mediation.

Article 360. Explanation to the expert of his (her)
rights and duties

      The presiding judge shall explain to the expert his (her) rights and duties provided for in Article 79 of this Code, and warns him (her) of criminal liability for giving knowingly false conclusion about what the expert gives a subscription, which is attached to the protocol of the main trial.

Article 361. Explanation to the specialist of his (her)
rights and duties

      The presiding judge shall explain to the specialist his (her) rights and duties provided for in Article 80 of this Code, and warns him (her) about the liability, established in this article for refusal or failure to perform his (her) duties.

Article 362. Application and resolution of petitions

      1. The presiding judge asks the parties whether they have a petition to call new witnesses, experts and specialists and the discovery of material evidence and documents, including the procedures for mediation or conclusion of a procedural agreement. The person, who filed the petition, shall specify to determine what the circumstances the additional evidence is required.
      2. The presiding judge shall also ask the parties whether they have a petition to exclude from the proceedings materials, inadmissible as evidence.
      3. The court, after hearing the opinion of other participants in the proceedings, must consider each petition filed, including on the conclusion of a procedural agreement and the procedure of mediation, satisfy it or make a reasoned decision on refusal in satisfaction of the petition.
      4. The court may not refuse an application for the conclusion of the procedural agreement or reconciliation in the mediation procedure, as well as questioning at the court session of the individuals as experts or witnesses, who appeared in court on the initiative of the parties.
      5. The person to whom the court denied the petition may submit it in the future.

Article 363. The question of possible hearing of the case
in the absence of any of the persons involved

      At absence of any of the trial participants, as well as a witness, expert or specialist, the court hears the opinion of the parties on the possibility of a hearing of the case and issues a decision to postpone the trial or its continuation and calling to the next court session of absent persons or their drive.

Chapter 44. The judicial investigation

Article 364. Beginning of the judicial investigation

      1. The judicial investigation is carried out in full or in short order, and begins with a statement by the prosecutor of the essence of the presented against the defendant charges, and in cases of private prosecution – with a statement of the complaint by the person who filed it, or his (her) representative, and in their absence – by the court session secretary.
      2. In case of changing of the charges to a less serious or refusal on the part of the charges, the prosecutor shall present to the court a new reasoned wording of the charges in writing. The prosecutor after the presentation of the essence of the charges shall have the right to inform the court of the intention to enter into a procedural agreement.

Article 365. Clarification of the position of the defendant

      1. The presiding judge asks the defendant whether he (she) understood the charge, explains the essence of the charges and finds out if he (she) wants to inform the court of his (her) attitude to the charge in cases stipulated by this Code, finds out whether he (she) wishes to conclude with the procurator a procedural agreement or a reconciliation agreement with the victim in the mediation procedure.
      2. The defendant shall be explained that he (she) is not bound by confession or denial of guilt, made during pre-trial proceedings, is not obliged to answer the question of whether he (she) admits his (her) guilt or not, and that the defendant’s failure to respond cannot be interpreted to his (her) detriment. The defendant shall also be explained that the recognition of guilt and sincere repentance is a circumstance, mitigating his (her) liability and punishment. The defendant is entitled to motivate his (her) answer. The silence of the defendant shall be construed as non-recognition of guilt.
      3. The presiding judge asks the defendant whether he (she) recognizes (in whole, in part) the presented to him (her) civil claim. If the defendant answers this question, he (she) is entitled to motivate it. The silence of the defendant shall be construed as non-recognition of the civil claim.
      4. The parties shall have the right to ask the defendant questions, aimed at clarifying his (her) position, including on the conclusion of a procedural agreement with the procurator.

Article 366. The order of presentation and examination
of the evidence

      1. The evidence presented by the prosecution and the defense parties are examined in the judicial investigation.
      2. The prosecution party presents evidence first. The order of examination of the evidence is determined by the court in consultation with the parties. The court shall issue an order on establishing or changing the order of examination of the evidence.
      3. The defendant with the permission of the presiding judge is entitled to give evidence at any time of the judicial investigation.
      4. Calling and interrogation in the court of the witness and the victim are not carried out in cases where their testimony is deposited by the investigating judge in the manner provided in Article 217 of this Code. Witnesses are not called and interrogated during the abbreviated trial.

Article 367. Interrogation of the defendant

      1. Prior to the interrogation of the defendant, the presiding judge explains him (her) his (her) right to give or not to give evidence about the charges and other circumstances of the case, as well as that all of the defendants said may be used against him (her).
      2. With the consent of the defendant to testify, he (she) shall be interrogated by his (her) defense counsel and participants in the process on the defense party first, then by the public prosecutor and the participants in the process on the prosecution party. The presiding judge removes the leading questions and the questions irrelevant to the case.
      3. The court asks questions to the defendant after interrogation by the parties, but clarifying questions can be asked at any time of the interrogation.
      4. The interrogation of the defendant in the absence of another defendant is allowed at the request of the parties or at the court’s initiative and a ruling about it shall be made. In this case, after the return of the defendant in the courtroom, he (she) shall be read out the testimony, given in his (her) absence and recorded in the protocol of the court session, and shall be given the opportunity to ask questions to the defendant, interrogated in his (her) absence.

Article 368. Disclosure of the testimony of the defendant

      1. Disclosure of the testimony of the defendant, given during the pre-trial preparation of the case, as well as playback of the attached to the protocol of interrogation sound, video recording or filming of his (her) testimony is allowed:
      1) in the defendant’s failure to testify in court;
      2) if the case is considered in the absence of the defendant;
      3) when there are significant inconsistencies between the testimony, given at the trial and during the pre-trial investigation.
      2. Playback of sound, video and filming without prior disclosure of testimony, contained in the corresponding protocol of the interrogation or protocol of the court session, is not allowed.

Article 369. Interrogation of the victim

      1. The victim shall be interrogated in accordance with the rules of interrogation of witnesses, provided for in Article 370 of this Code.
      2. The victim with the permission of the presiding judge is entitled to give evidence at any time of the trial.

Article 370. Interrogation of witnesses

      1. Witnesses shall be interrogated separately and in the absence of the witnesses, who are not interrogated.
      2. Prior to interrogation the presiding judge establishes the identity of the witness, finds out his (her) relation to the defendant and other persons involved in the case, explains the civic duty and the obligation to give truthful testimony in the case, as well as liability for refusing to testify and perjury. The witness is also explained that he (she) has the right to refuse to testify against him(her)self, his wife (husband), and close relatives, and clergymen - to testify against those who confided in them in confession. The persons, exempt by law from the obligation to testify, but wishing to give them, is clarified the liability for perjury. The witness is also explained his (her) other rights and duties, provided for in Article 78 of this Code. The witness takes an oath as follows: “I swear to tell the court all I know of the case, to tell the truth, the whole truth and nothing but the truth”. The witness is taken a subscription that he (she) is explained to his (her) duties and liability. Subscription is attached to the protocol of the court session.
      3. Witness shall be interrogated by the prosecutor, victim, civil claimant, civil defendant and their representatives, the defendant and his (her) defense counsel. The first asks the questions the party at whose request the witness is called to the court session. The presiding judge asks questions to the witness after his (her) interrogation by the parties.
      4. A witness may use written notes, which must be presented to the court at its request.
      5. The witness is allowed to read the available documents, related to his (her) testimony. These documents shall be submitted to the court and by its rulings can be attached to the case.
      6. The interrogated witnesses stay in the courtroom and may not leave it until the end of the judicial investigation without the permission of the court and the consent of the parties.
      7. In the cases, provided for in Article 98 of this Code, in order to ensure the safety of the witness and his (her) family, the court without disclosing the actual data on the identity of the witness, has the right to interrogate him (her) in conditions excluding the visual observation by other participants to the process, and a ruling shall be made about it.
      8. Interrogation of witness by the court can be made according to the rules of Article 213 of this Code, with using the scientific and technical means in video mode (remote interrogation) with calling him (her) in court of the region (s), on the territory of which he (she) is or he (she) lives.

Article 371. Features of the interrogation of a minor
victim or witness

      1. During the interrogation of a minor witness or victim his (her) legal representatives and teacher shall present. These persons may with the permission of the presiding judge ask questions to the victims and witnesses.
      2. Prior to interrogation of the victim, witness who has not attained the age of sixteen, the presiding judge shall explain him (her) the importance for the case of the complete and truthful testimony. These persons are not warned on the liability for refusal to testify and for perjury, and they are not taken a subscription.
      3. At the request of the parties or the court’s initiative the interrogation of a minor victim or witness may be conducted in the absence of the defendant, and the court shall issue an order about it. After the return of the defendant in the courtroom, he (she) is announced the testimony of the minor victim, witness, and he (she) is given the opportunity to ask questions to the victim, witness and give their testimony in connection with their testimony.
      4. Victim, witness who have not attained the age of eighteen shall be removed from the courtroom at the end of their interrogation, unless the court finds necessary their continued presence.
      5. Call to the court session and interrogation of minor victims and witnesses are not performed, if their testimony during the pre-trial proceedings is deposited by the investigating judge.

Article 372. Disclosure of testimony of the victim and witness

      1. Disclosure in the court session of testimony of the victim and the witness, given by them in pre-trial proceedings or the prior proceedings, as well as video recording and filming of their interrogation is allowed in accordance with the procedure provided for in Article 377 of this Code:
      1) when there are significant inconsistencies between the testimony and the testimony, given by them in court;
      2) in the absence at the court session of the victim or witness for reasons, excluding the possibility of their appearance before the trial;
      3) when depositing testimony by the investigating judge.
      2. Playback of a sound recording of testimony of the victim and witness, video and filming of their interrogation can take place according to the rules, set out in the second part of Article 368 of this Code.

Article 373. Examination in the court trial

      1. At the request of the parties or its own initiative, the court may appoint examination.
      2. The examination is carried out by expert (experts), who gave the opinion in the pre-trial investigation, or by other expert (s) appointed by the court.
      In the latter case, the presiding judge shall inform who is supposed to assign the production of examination, then, in the absence of a request for disqualification and rejection of the specified person, the court shall issue an order on bringing him (her) in as an expert on the case without removing the court in the deliberation room. Further, the expert shall be explained his (her) procedural powers, he (she) shall be warned about the criminal liability for giving knowingly false conclusion, and he (she) gives a subscription about it.
      3. Production of examination in court is carried out according to the rules set out in Chapter 35 of this Code, taking into account the requirements of this Article.
      4. At the court session an expert with the permission of the presiding judge shall have the right to participate in the investigation of the circumstances, relating to the subject matter of the examination: ask questions to the interrogated persons, get acquainted with the materials of the criminal case, participate in all legal proceedings, relating to the subject matter of the examination.
      5. In all the circumstances relevant to the case, the presiding judge invites the parties to submit written questions to the expert. These questions should be announced and the views of trial participants on them shall be presented.
      6. The Parties may submit the objects, documents as objects of expert research. Excluding them from among themselves, the court shall make a reasoned decision.
      7. After considering the questions and hearing the views of the parties on them, the court by its decision eliminates those that are not relevant to the case or the jurisdiction of the expert, and formulates new questions.
      8. The person, appointed as an expert, shall be handed a copy of the court decision for examination and explanation of his (her) rights and obligations provided for in Article 79 of this Code. The Court, after hearing the views of the parties, shall be entitled to postpone the hearing for the time required to conduct the study.
      9. The expert shall give a conclusion in writing and announce it at the hearing, after which he (she) can be interrogated by the rules, provided for in Article 374 of this Code. The expert conclusion shall be attached to the case.
      10. After the examination in the court trial in the cases, provided for in Article 287 of this Code, the court may appoint additional or repeated examination.
      11. In the case of calling to the court of an expert, who gave a conclusion during the pre-trial proceedings, the court after the announcement of the conclusion, if it does not cause objections of the parties, shall be entitled not to appoint examination and to restrict by the interrogation of an expert.

Article 374. Interrogation of an expert

      1. Interrogation of an expert can be made only after the announcement of the conclusion to its explanations, clarifications or additions taking into accounts the requirements of the fourth part of Article 285 of this Code.
      2. At first, the expert shall be interrogated by the party at whose request the examination is appointed.
      3. If the examination is made by agreement between the parties or by initiative of the body conducting the criminal proceedings, the expert shall be interrogated by the prosecution party first, then by the defense party.
      4. The Court shall have the right to ask questions to the expert at any time of interrogation.

Article 375. Inspection of material evidence

      1. The attached to the case during the investigation and the newly submitted material evidence must be inspected during the judicial investigation and presented to the parties. Inspection of material evidence shall be made at any time of the court trial at the request of both parties, and the court’s initiative. Material evidence may be presented for inspection of witnesses, experts and specialists. The persons, who are presented material evidence, shall have the right to address the court’s attention to the relevant to the case circumstances, identified during the inspection of material evidence.
      2. Inspection of material evidence may be made by the court on their location in compliance with the rules, established by the first part of this Article.

Article 376. Announcement of the protocols of investigative
actions and documents

      The protocols of the investigative actions, certifying the circumstances and facts, established during the inspection, examination, seizure, search, seizure of property, detention, presentation for identification, investigative experiment, wiretapping, and the documents attached to the case or presented at the hearing shall be disclosed in whole or in part, if they set out or certified by the circumstances relevant to the case. The documents, presented at the hearing may be attached to the case by the court decision.

Article 377. Procedure for announcement of testimony of
the defendant, victim, witnesses, as well as protocols
and documents

      In the cases provided for in Articles 368, 372 and 376 of this Code, the testimony of the defendant, victim, witness, as well as protocols of investigative actions and documents shall be made public by the party that requested their disclosure, or by the court.

Article 378. Inspection of the area and premises

      1. Inspection of the area or premises is carried out by a court with the participant of the parties, and, if necessary, witnesses, expert, specialist.
      2. Upon arrival at the place of inspection, the presiding judge announces the continuation of the court hearing and the court proceeds to inspection. In this case, the defendant, victim, witnesses, expert and specialist may be asked questions in connection with the inspection.

Article 379. Presentation for identification, examination,
verification and refinement of testimony at the place,
production of the experiment, obtaining samples

      1. Presentation for identification, examination, verification and refinement of testimony at the place, production of the experiment, obtaining samples shall be produced in the court trial by the court decision in compliance with the rules, stipulated in Articles 223, 229, 257 and 258 and Chapter 34 of this Code, with the participation of the parties.
      2. If it is necessary to the circumstances of the case, the presentation for identification, examination, experiment, obtaining samples can be produced in a closed court session.
      3. Examination, accompanied by exposure of the examined, shall be carried out in a separate room by a doctor or other specialists, who compiles and signs the inspection certificate. After that, the specified persons return to the courtroom, where they, in the presence of the parties and persons examined inform the court of the traces and the signs on the body of the examined, if they are found, answer the questions of the parties and judges. Inspection certificate shall be attached to the case.

Article 380. Limitation of the study of evidence

      1. The public prosecutor may request that the study of evidence of the prosecution is limited by the evidence, considered at the time of commencement of the specified request. The court, after hearing the views of the parties shall be entitled to satisfy the request.
      2. The defense party shall have the right to refuse to study the evidence, submitted and attached to the case at the request of the defendant, defense counsel, legal representative of the defendant, the civil defendant or his (her) representative. Such refusal is obligatory for the court.

Article 381. The end of the judicial investigation

      1. Upon completion of the study of evidence, the presiding judge shall:
      1) explain to the parties that they are in pleadings, and the court at sentencing judgment is entitled to rely only on the evidence, considered in the judicial investigation;
      2) ask the parties whether they wish to supplement the judicial investigation and in what way.
      2. In case of application of requests to supplement the judicial investigation, the court discusses these requests and resolves them.
      3. After resolution of the requests and performance of the necessary legal actions, as well as in cases where the requests to supplement the judicial investigation is not excited or reasonably dismissed by the court, the presiding judge shall announce the judicial investigation as completed.

Article 382. The trial of the case in an abbreviated order

      1. In cases of crimes of small, medium gravity, as well as serious crimes, the abbreviated trial procedure is carried out under the following conditions:
      1) the defendant admits his (her) guilt in full, including the amount of harm caused by the criminal offence and the presented to him (her) claim;
      2) if during the pre-trial proceedings it is not allowed the violation or infringement of the rights of participants in the process, established by this Code;
      3) the participants in the process do not dispute the relevance and admissibility of evidence, collected in the case, and do not insist on their study at the court hearing;
      4) for accelerated pre-trial proceedings;
      5) at the conclusion of the procedural agreement or reconciliation in the mediation procedure.
      2. Abbreviated order of the trial of the case consists only of the interrogation of the defendant, the victim, clarifying the circumstances of the conclusion of the procedural agreement or reconciliation in the mediation procedure, the questions about the period and manner of the payment for the civil claim and procedural costs. Abbreviated trial should be completed within ten days, in exceptional cases, this period may be extended by the judge reasoned decision to twenty days.
      3. If the circumstances preventing litigation in an abbreviated manner is found during the trial, the court decides to conduct the judicial investigation in its entirety.

Chapter 45. Pleadings and the last word of the defendant

Article 383. The content and order of pleadings

      1. After the end of the judicial investigation the presiding judge announces that the court proceeds to pleadings and explains to the participants of the pleadings that they are not entitled to refer in their speeches on the materials that are not examined at the court session. If necessary to present new evidence to the court, they may request the reopening of the judicial investigation.
      2. At the request of participant of the pleadings, he (she) is granted time to prepare for the pleadings, for which the presiding judge shall announce a break at the court session, indicating its duration.
      3. Pleadings consist of speeches of the prosecutor, the victim or his (her) representative, civil claimant and civil defendant or their representatives, and the defendant and defense counsel. In the abbreviated judicial investigation for the cases with the procedural agreement or agreement on reconciliation in the mediation procedure, the pleadings are not held. The sequence of speeches of the participants in the process is established by the court on their proposals, but in all cases the prosecutor acts first.
      4. If the public prosecution is supported by several public prosecutors, and the case involves several victims, defense counsels, civil defendants and their representatives, civil claimants and their representatives, the defendants, the presiding judges shall give them time for agreement between them about the sequence of their speeches. If necessary, the break for this is announced at the court session. If these persons do not come to an agreement on the sequence of their oral arguments, the court, after hearing their views, shall make a decision about the sequence of speeches.
      5. The court cannot limit the length of pleadings by certain time, but the presiding judge shall have the right to stop the persons participating in the pleadings, if they relate to circumstances, unrelated to the case, or based on the evidence, not studied at the court session.
      6. After reciting speeches by all participants of the pleadings, each of them has the right to speak once more with brief objections or comments (remarks) about what is said in the speeches of representatives of the parties. The right to the last comment, in all cases belongs to the defendant and his (her) defense counsel.
      7. Each participant of pleadings may submit to the court in writing his (her) proposed wording of the decision on the matters, specified in paragraphs 1) - 6) of the first part of Article 390 of this Code. The proposed wording shall not be binding to the court.

Article 384. The last word of the defendant

      1. After the end of pleadings the presiding judge gives the defendant the last word. No questions to the defendant during his (her) last words are allowed.
      The court may not set the duration of the last word of the defendant. The presiding judge shall have the right to stop the defendant in cases if he (she) concerns the circumstances unrelated to the case.
      2. In the abbreviated judicial investigation for the cases with the procedural agreement or the agreement on reconciliation in the mediation procedure, the last word by the defendants is not pronounced.

Article 385. The reopening of the judicial investigation

      If the persons, acting in the pleadings or the defendant in the last word informs about new circumstances relevant to the case, the court at the request of the parties or its own initiative reopens the judicial investigation. At the end of the reopened judicial investigation, the court reopens pleadings and gives the defendant the last word.

Article 386. Removal of the court in the deliberation room

      1. Having heard the last word of the defendant, the court removes to the deliberation room for passing the sentence, as the presiding judge declares to the persons, present in the courtroom.
      2. Time of announcement of the sentence could be declared to the participants in the process before removing judges in the deliberation room.

Chapter 46. Sentencing

Article 387. Sentencing in the name of the
Republic of Kazakhstan

      Courts in the Republic of Kazakhstan decide sentences in the name of the Republic of Kazakhstan.

Article 388. Legality and validity of the sentence

      1. The court sentence shall be lawful and justified.
      2. The sentence shall be recognized as legal, if it is decided in compliance with all requirements of the law and on the basis of the law.
      3. The sentence shall be recognized as justified, if it is decided on the basis of a comprehensive and objective investigation at the court session of the evidence presented to the court.

Article 389. The secret of sentencing

      1. The sentence is decided by the judge, considering the case under the conditions precluding the possibility to render him (her) any impact. When sentencing, the presence of other persons, including a substitute judge is not allowed.
      2. At the end of working hours, as well as during the working day, the judge may take a break to rest with going out of the deliberation room.
      3. Prior to the announcement of the sentence, the judge may not disclose his (her) opinions and judgments that determine the decision in the case.

Article 390. Issues, to be resolved by the court in sentencing

      1. In sentencing, the court resolves the following questions in the deliberation room:
      1) whether it is proved that the act in the commission of which the defendant is charged, occurred;
      2) whether the act is a criminal offence, and how exactly it is provided by the criminal law (Article, part, paragraph);
      3) whether it is proved the commission of the act by the defendant;
      4) whether the defendant is guilty of committing the criminal offence;
      5) whether there are circumstances, mitigating or aggravating his (her) liability and punishment;
      6) whether the defendant is subject to punishment for the commission of the criminal offence;
      7) what punishment should be imposed to the defendant;
      8) whether there are grounds for sentencing without imposing punishment or release from punishment or to postpone the serving of criminal punishment in the cases, provided for in Articles 74 and 76 of the Criminal Code of the Republic of Kazakhstan;
      9) in what institution of the penal system and what kind of regime the sentenced to imprisonment should serve his (her) sentence;
      10) should the civil claim be satisfied, in whose favor andin what amount;
      11) what to do with the property under arrest, in order to ensure the civil claim or possible confiscation;
      12) how to deal with material evidence;
      13) for whom, in what amount should the procedural costs be imposed;
      14) whether the court should deprive (make a presentation to the President of the Republic of Kazakhstan on deprivation) the defendant of honorary, military, special or another title, class rank, diplomatic rank, qualification class, state awards;
      15) on the application of compulsory medical measures in the cases, provided for in Article 91 of the Criminal Code of the Republic of Kazakhstan;
      16) on the circumstances, contributing to the commission of a criminal offence;
      17) on the preventive measure against the defendant;
      18) on cancellation or preservation of probation by the previous sentence;
      19) on the abolition of the exemption from criminal liability with the establishment of a guarantee under the previous sentence.
      2. In sentencing of acquitting judgment, the court decides on compensation for harm caused to the acquitted by illegal actions of the bodies of investigation, prosecution, court.
      3. When charging the defendant in committing of several criminal offences, the court decides the issues, referred to in paragraphs 1) - 7) of the first part of this Article, for each criminal offence separately.
      4. If in committing of a criminal offence several defendants are charged, the court resolves all issues, identified in the first part of this Article, in respect of each defendant separately, defining the role and the extent of his (her) participation in the acts committed.
      5. After resolving the main issues, listed in the first part of this Article, the court proceeds to resolve the following additional questions:
      1) about the arrangement of minor children of the convicted, left without parents, and, if necessary - the victim;
      2) on the protection of the property of the convicted person, and, if necessary - the property of the victim;
      3) the necessity of adoption of the private ruling;
      4) the fate of the bail in case of cancellation of exemption from criminal liability with the establishment of a guarantee under the previous sentence.
      6. The Court shall postpone the sentence, if the Constitutional Council of the Republic of Kazakhstan on the initiative of another court adopts a proposal to declare the law or other regulatory legal act to be applied in the criminal case, as unconstitutional.
      Footnote. Article 390, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 391. The question of the defendant’s sanity

      1. In cases when, during the pre-trial proceedings or the proceedings there is a question about the sanity of the defendant, the court shall discuss in sentencing this issue once again.
      2. Recognizing that the defendant during the commission of the act was in a deranged state or after the commission of a criminal offence became ill by mental disease, preventing him (her) realize the actual character and social danger of his (her) actions (inaction) or to control them, the court may terminate the criminal case and make a decision on the application to the defendant of compulsory medical measures. Such a decision the court may adopt in the deliberation room, provided that the defense counsel was in the main trial.
      3. If the defense counsel does not participate in the main trial, the court under the circumstances, specified in the second part of this Article, shall rule to refer the case to the appropriate court for consideration in accordance with the procedure provided for in Article 519 of this Code.

Article 392. Types of sentences

      The court’s verdict may be guilty or not guilty.

Article 393. Judgment of conviction

      1. Judgment of conviction includes a court decision on the recognition of the defendant as guilty of committing a criminal offence.
      2. The judgment of conviction decides:
      1) with criminal sentencing, to be served by the convicted;
      2) with the exemption of a person from criminal liability;
      3) with the criminal sentencing and exemption from its serving;
      4) without criminal sentencing;
      5) with a delay of serving the criminal sentencing.
      3. The judgment of conviction cannot be based on assumptions and decides only on the condition that during the court proceedings the defendant’s guilt of committing a criminal offence is confirmed by a set of evidence, examined by the court.
      4. In sentencing of conviction with imposition of the punishment, to be served by the convicted, the court shall specify its type, extent, regime, and beginning of calculating the term of serving.
      5. The Court decides a conviction with the exemption of a person from criminal liability, if the statute of limitations to bring the person to criminal liability for the criminal offence is expired, as well as in the cases, specified in the first part of Article 36 of this Code.
      6. The court decides a conviction with imposition of the punishment and exemption from it in cases, if at the time of sentencing:
      1) the act of amnesty is issued, which exempts from sentencing or serving by the convicted the designated by the sentence punishment;
      2) the time of the defendant’s detention in custody in this case subject to the rules of set-off detention, established by Article 62 of the Criminal Code of the Republic of Kazakhstan, and takes the sentence imposed by the court.
      7. The Court dismisses the case or at the request of the parties decides a conviction without sentencing, if at the time of its issuance death of the defendant occurred.
      8. The Court decides a conviction with the delay of serving of criminal punishment in the cases provided for in Article 74 and the second part of Article 76 of the Criminal Code of the Republic of Kazakhstan.

Article 394. Judgment of acquittal

      1. The court recognizes and proclaims by the judgment of acquittal the innocence of the defendant in committing of a criminal offence on a charge for which he (she) is prosecuted and put on trial.
      2. The judgment of acquittal is decided, if:
      1) there is no event of a criminal offence;
      2) the defendant’s act does not constitute a criminal offence;
      3) there is no evidence of the participation of the defendant in committing of a criminal offence.
      3. Justification by any of the listed grounds means the recognition by the court of the innocence of the defendant and entails his (her) complete rehabilitation.
      4. If in sentencing of acquittal, a person who committed a criminal offence, remains unknown, the court in the operative part of the judgment indicates the sending of the case to the procurator for a decision on the need for prosecution of another person.

Article 395. Drafting sentence

      1. After resolving the issues, referred to in Article 390 of this Code, the court proceeds to the drafting of the sentence.
      2. The sentence is presented in the language in which the trial is held.
      3. The sentence consists of introductory, descriptive-motivation and operative parts.
      4. A sentence may be handwritten, typewritten or made by computer by the judge, and it is signed by him (her).
      5. Corrections in the sentence must be specified and certified by the signature of the judge on the appropriate page of the sentence before its announcement.
      6. Amendment of the sentence after its announcement is not allowed.

Article 396. The introductory part of the sentence

      The introductory part of the sentence indicates:
      1) that the sentence is decided in the name of the Republic of Kazakhstan;
      2) the time and place of sentencing. In the case of judicial deliberations for several days, the time of sentencing is determined by the day of its announcement;
      3) the name of the court, passed the sentence, the composition of the court, the court session secretary, participants in the process, their representatives, the interpreter;
      4) surname, name and patronymic (if any) of the defendant, year, month, date and place of birth, residence, place of employment, occupation, education, marital status and other information about the identity of the defendant, relevant to the case;
      5) criminal law, providing for the criminal offence for which the defendant is charged (Article, part, paragraph).

Article 397. The descriptive-motivation part of the
judgment of conviction

      1. The descriptive-motivation part of the judgment of conviction must contain a description of the criminal offence, recognized by the court as proved, specifying the place, time and method of its commission, the form of guilt, reasons and consequences of the criminal offence. The judgment indicates the evidence on which the conclusions of the court in respect of the defendant are based, and the reasons on which the court rejected other evidence. It is specified the circumstances, mitigating or aggravating liability, as well as the limits of sentencing, set forth in the procedural agreement. In the case of recognition of the part of charges as unreasonable or setting incorrect qualifications of the criminal offence, it is specified the grounds and reasons for changing the charges. Coming to the conclusion of requalification of the defendant’s actions or finding that some of the Articles (part of the Article, paragraph of the part of the Article) are presented excessively, the court in the descriptive-motivation part of the sentence indicates the Article (part of the Article, paragraph of the part of the Article) of the criminal law, according to which the act should be qualified, and indicates the exclusion of the Article presented excessively (part of the Article, paragraph of the part of the Article).
      2. The Court shall also indicate the reasons for the solution of all questions, relating to criminal sentencing, exemption from it or his (her) real departure, and the use of other enforcement actions.
      3. The descriptive-motivation part should contain the legal background for decisions and other matters, referred to in Article 390 of this Code.
      4. For the cases, considered in a closed court session, the descriptive-motivation part of a judgment of conviction should not contain the wording of the circumstances, giving rise to the limitations of publicity of the trial.
      5. For the cases with the procedural agreement or the agreement of reconciliation in the mediation procedure, the descriptive-motivation part of a judgment of conviction shall be made in accordance with Article 627 of this Code.

Article 398. The operative part of the judgment of conviction

      1. The operative part of the judgment of conviction shall specify:
      1) the surname, name and patronymic (if any) of the defendant;
      2) the decision on the recognition of the defendant as guilty of committing a criminal offence;
      3) the Criminal Law (article, part, paragraph), on which the defendant is found guilty;
      4) the type and size of the main and additional penalties, imposed on the defendant for each criminal offence in committing of which he (she) found guilty, as well as the decision to cancel or save a conditional conviction for the previous sentence, the abolition of exemption from criminal liability with the establishment of a guarantee under the previous sentence and final penalty, to be served on the basis of Articles 58 and 60 of the Criminal Code of the Republic of Kazakhstan.
      The court in sentencing to imprisonment indicates in the sentence the type and regime of the institution, where the convicted person must serve his (her) sentence, and in sentencing, not connected with isolation of the convicted person from society, establishes his (her) obligation to appear within ten days after the entry into force of the sentence to the probation service for registration;
      5) the duration of the probationary supervision period in a conditional conviction, to limit the freedom and responsibilities entrusted to the convicted, as well as the statutory consequences of failure, the duration of the term of the guarantee upon exemption from criminal liability with the establishment of the guarantee and the consequences of committing in this period a new criminal offence;
      6) the decision to deprive (presentation to the President of the Republic of Kazakhstan on deprivation) the convicted of honorary, military, special or another title, class rank, diplomatic rank, qualification class, state awards;
      7) the decision to offset pre-trial detention, if prior to the sentencing the defendant is detained or subjected to preventive measures in the form of detention in custody, house arrest, or he (she) is placed in a special medical organization;
      8) the decision on compulsory medical treatment and the establishment of guardianship over the convicted;
      9) the decision on the preventive measure against the defendant before the sentence comes into force;
      10) the solution of the issue on a delay of execution of the basic punishment;
      11) the solution of the issue on punishment by deprivation of the right to occupy certain positions or engage in certain activities.
      2. In the case of charges of the defendant on several Articles (parts of Articles, paragraphs) of the criminal law, the operative part of the sentence shall indicate, for which of them the defendant is acquitted and for what convicted.
      3. In the case of the defendant’s exemption from punishment or sentencing without imposition of punishment or application of delay of sentence, this shall be indicated in the operative part of the sentence.
      Footnote. Article 398, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 399. The descriptive-motivation part of the
judgment of acquittal

      1. The descriptive-motivation part of the judgment of acquittal indicates: the nature of the charges; circumstances of the case, established by the court; the reasons for which the court considers the evidence on which the statement on the defendant’s guilt of a criminal offence is based, as unreliable or insufficient; the evidence giving rise to the acquittal of the defendant; the reasons of the decision regarding the civil claim.
      2. It is not allowed to use in the judgment of acquittal the wording that cast doubt on the innocence of the acquitted.
      3. For the cases, considered in a closed court session, the descriptive-motivation part of the judgment of acquittal should not contain the wording of the circumstances, giving rise to the limitations of publicity of the trial.

Article 400. The operative part of the judgment of acquittal

      The operative part of the judgment of acquittal shall contain:
      1) the surname, name and patronymic (if any) of the defendant;
      2) the decision on the recognition of the defendant as innocent and his (her) acquittal, the grounds for acquittal;
      3) the decision to cancel a preventive measure, if it was chosen;
      4) on the recognition of the right of the acquitted to reasonable compensation for harm, caused by unlawful criminal prosecution.

Article 401. Other issues, to be solved in the operative
part of the judgment

      The operative part of both the judgment of conviction and acquittal, except for matters, referred to in Articles 398 and 400 of this Code, shall include:
      1) a decision on the presented civil claim;
      2) the question of material evidence;
      3) the distribution of procedural costs;
      4) an indication of the procedure and the term of appellate review or protest against the sentence;
      5) the decision on the abolition or continuation of the security measures in respect of the protected persons;
      6) the decision to cancel, preserve the measures to ensure the confiscation, as well as the measures to ensure the civil claim, if such measures were taken.
      In deciding of the judgment of acquittal the court makes a note, explaining the procedure for compensation of damages, caused by the unlawful criminal prosecution, which shall be given to the acquitted after the announcement of the sentence.

Article 402. The announcement of the sentence

      1. After the signing of the full text of the sentence, the presiding judge returns to the courtroom and proclaims the sentence standing. All those present in the courtroom listen to the sentence standing.
      If the text of the sentence of a large volume, the presiding judge may, in its announcement, make short breaks, then continue reading the entire text of the sentence or announce only the introductory and the operative part of the judgment.
      2. If the sentence is written in the language, which the convicted (acquitted) does not know, then after the announcement of the sentence, it shall be synchronously translated aloud by the interpreter into the native language of the defendant or another language, which he (she) speaks.
      3. The presiding judge explains the convicted (acquitted), other participants in the process the procedure and term of appeal of the sentence, the right of access to the protocol of the court session and bringing to it the comments, as well as the right to apply to participate in the appeal proceedings. The acquitted shall be given notice and explained his (her) right to compensation for damage, caused by unlawful detention, charged with a criminal offence, application of preventive measures, illegal bringing to trial, as well as the procedure for exercising this right.
      4. If the defendant is sentenced to capital punishment - the death penalty, the presiding judge shall explain him (her) the right to petition for mercy.
      5. If the defendant is appointed a probationary supervision and charged with his (her) appearance in the probation service within ten days after the entry of the sentence, the court shall explain him (her) the consequences of non-fulfillment of this obligation.
      6. If the defendant is released from criminal liability in connection with the establishment of a bail, the court shall explain to the defendant, as well as the person who acts as a bailor, the consequences of committing by the defendant during the bailment of a new criminal offence.
      Footnote. Article 402, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 403. The release of the defendant from custody

      Upon acquittal of the defendant or judgment of conviction without sentencing or release from punishment, as well as the conviction to the punishment not connected with the deprivation of liberty, or the deprivation of liberty of the defendant, who is under arrest must be immediately released from custody in the courtroom.

Article 404. Presentation of copies of the sentence

      Not later than five days, and when a large volume no later than fifteen days after the announcement of the sentence, a copy must be presented to the convicted or acquitted, the defense counsel and prosecutor. A copy of the sentence shall be handed others involved in the process at same period from the date of receipt of the application.

Article 405. Private ruling

      1. The Court, if there is a reason, makes in the deliberation room a private ruling which draws the attention of the state bodies or officials, organizations or their heads to the violations of the law in the case, the causes and conditions that contributed to the commission of a criminal offence and requires the appropriate actions. If in the actions of the person an administrative misconduct contributing to the commission of a criminal offence is found, the court may impose on him (her) the penalty, provided for by law.
      2. Private ruling may also be made by the court when it detects violations of citizens’ rights and other violations of law, committed during the initial inquiry, the preliminary investigation.
      3. The court may by the private ruling draw the attention of the organizations and labour collectives in the wrong behavior of individuals at work or at home, or on the violation of their official or civil duty.
      4. The Court based on the trial materials may issue a private ruling, and in other cases, if it deems necessary.
      5. The Court may by a private ruling inform the organizations and labour collectives of high manifested citizen awareness, courage in the performance of civil or official duty that contributed to suppression or detection of a criminal offence.
      6. No later than one month the necessary measures must be taken on the private ruling and the results shall be reported to the court which issued the private ruling, as specified by the court in the operative part of a private ruling.

Article 406. Issues resolved by the court simultaneously
with the sentencing

      1. In the presence of a person sentenced to imprisonment minor children, elderly parents, other dependents, left unattended, along with the decision of conviction, the court shall order the transfer of the said persons in the care or under guardianship of relatives or other persons or institutions, and in the presence of the convicted person the property or home, left unattended, it shall take measures to protect them. If necessary, the court shall make a decision on the placement of the unaccompanied minors, disabled parents, other dependents of the victim, due to his (her) severe injury or death as a result of a criminal offence, as well as the protection of the property and home of the victim.
      2. In the case of participation of the defense counsel or the victim’s representative on the designation of the body conducting the criminal proceedings, the court simultaneously with the decision of the sentence shall issue an order for payment of legal assistance, provided to the defendant or the victim, and reimbursement of costs related to the protection and representation.
      3. Procedural decisions, mentioned in the first and second parts of this Article may be taken after the announcement of the sentence on the applications of the persons concerned.
      4. The court, passed the sentence, at the request of the participants in the process or the body executing the sentence, shall have the right to make a decision for clarification of doubts and uncertainties, associated with the execution of the sentence without changing its essence.

Chapter 47. Features of proceedings on cases of
private prosecution

Article 407. The order of proceedings on cases of
private prosecution

      Proceedings on cases of private prosecution, which include cases of criminal offences provided by second part of Article 32 of this Code, shall be determined by the general rules of this Code with the exceptions, established in this Chapter.

Article 408. Excitation of private prosecution

      1. The private prosecution is instituted by a person (several persons) by filing to the court in compliance with the rules on jurisdiction a complaint on bringing a person to criminal liability. When filing a complaint in the body of inquiry, the investigator or procurator, it should be sent to the court.
      2. The complaint must contain the name of the court in which it is filed, the description of the event of a criminal offence, the time and place of its commission with an indication of the evidence, a request to the court to accept the case for production, information about the person subject to criminal liability, the witness list, which call to the court is required. The complaint shall be signed by the person filed it. Anonymous complaints shall not be accepted for production.
      3. A complaint may also contain a request for consideration of a civil claim, if the complaint is attached by a civil claim and necessary materials in support of the claim.
      4. The application is filed to the court in accordance with the territorial jurisdiction of the case with copies to the number of persons against whom proceedings on a case of private prosecution are instituted.
      5. If a private prosecution is instituted by several persons in respect of one and the same person, they shall submit one complaint together or individually, independently of each other.
      6. Since the adoption by a court of the complaint to its production, the person who filed it, shall be a private prosecutor and the victim, and he (she) should be explained the rights provided for in Article 72 and the third and fourth parts of Article 410 of this Code, and about this the protocol, signed by the judge and the person filed a complaint, shall be drawn up.
      7. If, in respect of the same criminal offence several persons are entitled to initiate a private prosecution, and at the request of one of them, it has already initiated, the other persons may join already started production. In this case, it is not required a separate excitation at the request of each of these persons.
      8. The accused shall have the right to submit the prosecutor a counter-charge, if it is related to the subject of the criminal offence, for which a proceeding is initiated. Accusation and counter-charge must be resolved at the same time. The withdrawal of the charges does not affect the proceedings on the counter-charges.
      9. Private prosecution may not be re-opened, if it was previously withdrawn.

Article 409. Actions of judge on the case of a private
prosecution prior to the trial

      1. If the complaint filed does not meet the requirements specified in the second part of Article 408 of this Code, the judge by its decision offers a person filed it to bring it into compliance with these requirements and sets term for this. In case of non-fulfillment of this, the judge by its decision refuses to accept the complaint to the production and notifies the person filed it. Refusal to accept the complaint for the specified circumstances does not preclude re-filing a similar complaint to the court within the time limit of criminal liability.
      2. After considering the complaint on the case of a private prosecution, the judge within three days shall rule:
      1) on accepting the complaint to its production;
      2) on the transfer of the complaint to another investigative or judicial jurisdiction;
      3) on refusal to accept the complaint for its production.
      The judge takes a complaint to its production if it meets the requirements specified in the second part of Article 408 of this Code, and is in the jurisdiction of this court.
      If the complaint is not under the jurisdiction of this court, or when it contains a request to the accusation of the person of committing other acts that are not specified in the second part of Article 32 of this Code, the judge by its decision directs complaint to the court under the judicial jurisdiction or the criminal prosecution body under the investigative jurisdiction.
      Judge by its decision refuses to accept the complaint, if the complainant fails to comply with the requirements of the first part of Article 409 of this Code or it is established the circumstances provided for in Article 35 of this Code, under which the criminal prosecution cannot be started.
      3. A copy of the decision taken on the complaint shall be sent to the applicant, and in the case provided for in paragraph 1) of the first part of this Article, as well as to the accused.
      4. If there are grounds for the appointment of the court session, the judge for up to seven days from the date of receipt of the complaint to the court shall call the person against whom the complaint is filed, to acquaint him (her) with the case materials, give a copy of the complaint, clarify the rights of the defendant at the court session, provided by Article 65 of this Code, and shall take a receipt about it. A judge asks the private prosecutor and the defendant the lists of witnesses, who will be called to the court session. In case of absence of the person against whom the complaint is filed to the court, a copy of the complaint with an explanation of the rights of the defendant, as well as the need to provide the court with a list of defense witnesses, shall be sent by mail or other means of communication.
      5. A judge must explain to minors and their representatives their right to apply for transfer of the case under the jurisdiction to the district and equivalent courts.
      6. A judge shall explain to the parties the possibility of reconciliation, including by way of mediation. In the case of the applications about reconciliation or reaching an agreement on reconciliation in the mediation procedure, the proceedings by order of a judge is terminated in accordance with paragraph 5) of the first part of Article 35 of this Code.
      7. If the reconciliation between the parties is not reached, the judge after the requirements of the fourth and sixth parts of this article appoints the consideration of the case at the court session in accordance with the rules of Article 322 of this Code.

Article 410. Presentation and collecting the evidence at the
initiative of the parties

      1. The victim, other person who filed a complaint about a committed criminal offence, must indicate what evidence can prove in court the circumstances of the criminal offence, mentioned in the complaint, and the guilt of the accused.
      2. The civil claimant, civil defendant in person or through a representative informs the judge prior to the hearing of the case, by the testimony of any individual (surname, first name, patronymic (if any), place of residence), documents, other evidence may be established the circumstances relevant for the protection of their interests.
      3. The private prosecutor, his (her) representative, the defendant, his (her) defense counsel and representatives may submit to the court before the start of the proceedings and in the course of its consideration the items, documents relevant to the case, and apply for their interrogation at the court session.
      4. A judge shall assist the parties in the collection of evidence at their request, and call of the witnesses, specified by them.

Article 411. The consideration of the case of private
prosecution in a court session

      1. Consideration of the case of private prosecution in a court session shall be carried out by the general rules of the trial with the exceptions set out in this Article.
      2. The trial shall commence no later than fifteen days from the date of receipt of the complaint to the court, but not earlier than three days from the receipt of the copy of the complaint by the defendant with an explanation of his (her) rights.
      3. Consideration of the complaint on the case of private prosecution may be combined in one proceeding with the consideration of a counter-claim. Combination is allowed by the decision of the judge before the judicial investigation. In combining the complaints into one proceeding, the persons who submitted them shall participate in the process at the same time as the private prosecutor and the defendant. The case could be delayed for a period of not more than three days to prepare a defense in connection with the receipt of a counter-claim and combination of proceedings at the request of the person against whom the complaint is filed. The interrogation of these persons on the circumstances set out in their own complaints shall be made by the rules of interrogation of the victim, and the circumstances set forth in the counter-claim, - according to the rules of interrogation of the defendant.
      In the trial, the private prosecutor and the defendant shall have the right to appear in person or to be represented by their representatives.
      4. Before the start of the judicial investigation, the presiding judge shall explain to the parties the possibility of reconciliation with each other, the procedure and the consequences of reconciliation. Reconciliation is possible without any conditions and obligations of the parties. An application for reconciliation may be made before the court in the deliberation room.
      5. The judicial investigation begins with the presentation of the complaint by the private prosecutor or his (her) representative. At the same considering on the case of a private prosecution of the counter-claim, its arguments are presented in the same order after the presentation of arguments of the main complaint. Prosecutor presents evidence, has the right to participate in their study, expresses his (her) opinion to the court on the merits of prosecution, on the application of the criminal law to the defendant and his (her) sentence, as well as other issues that arise during the trial. Prosecutor in the hearing may change the charge, if it does not deteriorate the situation of the defendant and does not violate his (her) right to defense, as well as he (she) has the right to refuse to press charges.
      6. Failure of the private prosecutor or his (her) representative to appear at the court session without good reason, specified in the second part of Article 157 of this Code, if the prosecutor does not personally participate in the proceedings, shall result in termination of the case, but at the request of the defendant the case may be heard on the merits in their absence.

Article 412. The court’s decision in the case of
private prosecution

      1. After considering the case of private prosecution, the judge, guided by the rules of this Code, shall take one of the following decisions:
      1) make a judgment of conviction or acquittal;
      2) dismiss the case;
      3) in establishing the elements of a criminal offence, pursued in the public or private-public order, transfer the case to the relevant procurator to decide on the conduct of the pre-trial investigation.
      2. The decision of the court in the case of private prosecution may be appealed by the parties in the manner and time, prescribed by this Code on a common basis.

Article 413. Termination of private prosecution

      1. Production of private prosecution shall be terminated if there are the circumstances, provided for in Article 35 of this Code, as well as in connection with the death of a private prosecutor, except in cases where close relatives of the victim or the defendant insists on the case.
      2. The procedure for termination of the private prosecution is determined by the general rules of this Code with the specifications, provided in this Chapter.

Section 8. Revision of sentences and court rulings in the
appeal and cassation procedure

Chapter 48. Appeal, protest of the court decisions which
do not enter into force

Article 414. The right of appeal, protest against the
sentence, decision

      1. The right to appeal of the sentence, the decision belongs to the convicted, acquitted, and their defense counsels, including the entered into the proceedings after the announcement of the sentence representatives and legal representatives, the victim (private prosecutor), their representatives and legal representatives. Civil claimant, civil defendant, their representatives and legal representatives shall have the right to appeal the sentence in the part, relating to the civil claim.
      2. Protest for review of the judicial act in the appeal procedure may be brought by the procurator who participated in the hearing as a public prosecutor. The Procurator General of the Republic of Kazakhstan and his (her) deputies, the procurators of the regions and equivalent procurators and their deputies, the procurators of the district and equivalent procurators within its competence may submit protest for review of the sentence, regardless of participation in the consideration of the case.
      3. Persons who are not parties in the present case may also appeal a court decision, if the decision relates to their rights and legitimate interests.

Article 415. Judicial acts, subject to review in the
appeal proceedings

      1. The sentences of the district and equivalent courts, specialized inter-district criminal courts, specialized inter-district military courts for criminal cases, specialized inter-district juvenile courts, military courts of garrisons that have not entered into force, shall be subject to review in the appeal proceedings.
      2. Private complaint, protest in the manner prescribed by this Chapter may be made to the decisions of the courts of first instance that are not entered into force, except for those specified in the third part of this Article.
      3. The decisions on matters, referred to in the second part of Article 10 of this Code, made during the trial, as well as concerning the procedure and method of examination of evidence, applications of participants in the process, keeping order in the courtroom shall not be subject to review by the rules of this Chapter, except for the decisions on a preventive measure, imposition of a monetary penalty. Objections to the above decisions may be summarized in the appellate complaints, protests to the sentence.

Article 416. Courts considering appellate (private) complaints,
protests to the not entered into force sentences, decisions

      1. Appellate (private) complaints, protests to the not entered into force sentences, decisions of district and equivalent courts, specialized inter-district criminal courts, specialized inter-district juvenile courts shall be considered by the appellate instance of the relevant regional and equivalent court.
      2. Appellate (private) complaints, protests to the not entered into force sentences, decisions of the military courts of garrisons, specialized inter-district military courts for criminal cases shall be considered by Military Tribunal.
      3. If the sentence and decision are issued in the case, the appellate complaints, protests against the sentence and private complaints, protests against the decision shall be considered in one session of the appellate instance of the regional or equivalent court.
      4. Private complaints, protests to the decisions on a preventive measure and imposition of a monetary penalty, taken out during the main trial shall be considered by the appellate instance before the end of the proceedings. Consideration of these complaints, protests on the appellate instance shall not interrupt the further consideration of the criminal case in the court of first instance.

Article 417. Procedure for bringing appellate (private)
complaints, protests

      1. Appellate (private) complaints, protests shall be brought to the court that passed sentence, decision. Appellate (private) complaints, protests, sent directly to the appellate instance shall be subject to the direction to the court that passed the sentence, decision, to meet the requirements of Article 420 and the second part of Article 421 of this Code.
      2. The sentence, decision, issued at second trial may be appealed, protested in the same order.

Article 418. Terms of appellate review, protest against
sentences (decisions)

      1. Appellate (private) complaints, protests can be brought within fifteen days from the date of pronouncement of the sentence, decision, and the convicted in custody - in the same period from the date of delivery of the copy of the sentence, decision.
      2. During the period set for the appeal of the judicial act, the case cannot be demanded from the court of first instance.
      3. Appellate (private) complaint, protest submitted after the deadline, in the absence of a request for its restoration by the decision of the court that passed the sentence, decision shall be returned to the author with an indication of the base. If, after the adoption by the court of first instance of the complaint, protest, the omission of the deadline for submission is identified in the appeal, the judge of the appellate court by its decision leaves them without consideration.

Article 419. Procedure for restoration of the period for filing
of the appellate (private) complaint, protest

      1. In case of missing the deadline to file appellate (private) complaint, protest the persons, entitled to file a complaint or protest may apply the court that passed the sentence, decision, on the restoration of the missed deadline. An application for restoration is considered in the hearing by the judge, who presided at the main trial of the case, and in his (her) long-term absence (at least five days) by another judge of the same court, who is entitled to call the person who applies for explanations.
      2. The judge’s refusal to restore the missed deadline may be appealed, protested to the relevant regional or equivalent court, which is entitled to restore the missed deadline and consider the case on the complaint, protest in compliance with the requirements set out in Article 420 and the second part of Article 421 of this Code. Participants in the process, who do not agree with the decision of the court for the restoration of the missed deadline for filing an appellate complaint, protest, before or at the session of the appellate instance shall have the right to submit their arguments and apply to cancel the decision. Upon satisfaction of such application, the appellate court by its decision leaves the appellate complaint, protest without consideration.
      3. The Court, stated in the first part of this Article, shall restore the missed deadline to file an appellate (private) complaint, protest in violation of the law, limiting the ability of the participant of the process to protect their rights and legitimate interests (delayed preparation of the court session protocol, the presentation of a copy of a judicial act to the person involved, who does not know the language of proceedings, without translation, inaccurate term for appeal in the operative part of the judicial act), as well as in other circumstances that are objectively prevented him (her) to file a complaint or bring a protest.
      4. The decision of the judge of the appellate court for restoration of the missed deadline together with the complaint, protest and other materials shall be immediately sent the court that passed the sentence, decision to perform the actions, provided for in Articles 420 and 421 of this Code.

Article 420. Notice of the filing of appellate (private)
complaint and protest

      1. On the filing of appellate (private) complaint or protest, the court that passed the sentence, decision, shall inform the convicted or acquitted, his (her) defense counsel, representative, prosecutor, the victim and his (her) representative, as well as the civil claimant, civil defendant or their representatives, if the complaint, protest affects their interests.
      2. Copies of the complaint, protest shall be sent to the persons, specified in the first part of this Article, with an explanation of their right to file an objection to them in writing, specifying the date of submission. The parties shall also be clarified the right to submit their arguments in compliance with the appealed, protested judicial act. Objections to the complaint, protest, arguments of the parties shall be attached to the case, and considered in the appellate instance together.
      3. The Parties shall have the right, together with the objection to the appellate (private) complaint, protest or separately submit to the appellate instance new materials or apply for their reclamation and research, as well as on calling to the court and interrogation of the victims, witnesses, experts, specialists, specified by them.

Article 421. Consequences of filing of appellate (private)
complaint and bringing protest

      1. Filing of appellate (private) complaint and protest shall suspend entering the sentence, decision, except for the decision on a preventive measure, in force and its enforcement.
      2. The court of first instance no later than the day after the deadline for appeal, protest of the sentence, decision and comply with the requirements of Article 420 of this Code shall send to the appellate instance of the relevant court a case with the received complaints, protest, attached documents, as well as objections to them.

Article 422. Appeal, protest against the decision of the
court of first instance

      1. To the decision of the court of first instance with the exceptions set out in the fourth part of Article 344 of this Code, a private complaint or protest may be made by the persons referred to in Article 414 of this Code.
      2. Private complaint, protest to the decision of the court of first instance shall be submitted to the higher court within fifteen days from the date of the sentence and considered by the rules of appellate procedure. In the case of filing a complaint, protest against the decision made during the trial, which ended by sentencing, the case shall be sent the higher court only after the time set for the appeal against the sentence.

Article 423. The appellate (private) complaint, protest

      1. The appellate complaint or protest shall contain:
      1) the name of the court of relevant appellate instance to which the complaint or protest addressed;
      2) the data on the person filing the complaint or brought the protest, indicating his (her) procedural status, place of residence or location, contacting numbers;
      3) the sentence or decision to which the complaint, protest filed, and the name of the court which ruled that decision;
      4) the indication as to what part of the sentence, decision or in full the complaint or protest is filed;
      5) the arguments of the person filed the complaint, protest, what is, in his (her) opinion, the incorrectness of the sentence, the decision of the court, what provisions of the law are violated during the pre-trial proceedings or consideration of the case, and affected on the decision-making and the essence of its request;
      6) the evidence by which the author of the complaint, protest substantiates his (her) claims, including those that are not examined by the court of first instance;
      7) the list of materials attached to the complaint, protest;
      8) the date of filing the complaint, protest and signature of the person, filed the complaint, protest.
      2. If the filed complaint, protest does not comply with these requirements, they shall be considered as filed, but returned by the court that passed the sentence, indicating the deadline for re-registration. If within this period the appellate (private) complaint, protest after re-drawing are not provided to the court, they shall be considered as not filed, as the person, filed the complaint, protest is notified. In the same order the court of appeal shall have the right to return the complaint to its registration in accordance with the first part of this Article.
      3. The parties shall have the right, in support of the grounds of appellate (private) complaint, protest together with the complaint or after its filing, to submit to the court of appeal new materials or apply for their reclamation and research, as well as the interrogation of these witnesses, victims, experts, specialists, committing of other actions aimed at filling gaps in the judicial investigation at first instance.
      4. The person, filing the appellate (private) complaint, protest, has the right before the court session to change or add new arguments to his (her) complaint, protest. In this case, the additional protest of the procurator or his (her) statement to change the protest, as well as additional complaint of the victim, private prosecutor or representatives filed after the expiry of the period for appeal cannot raise the question, deteriorating situation of the convicted person, if such a requirement is not contained in the original protest or complaint. Defense counsel, which came into the proceedings after the expiry of the period for appeal of the judicial act, can change or add new arguments to the complaint, give additional arguments to the arguments of the complaint filed by the previous defense counsel.
      5. A person who appealed, protested the sentence, decision shall be entitled to withdraw his (her) complaint, protest prior to the session of the appellate court. The protest of the procurator may also be withdrawn by a higher procurator. Defense counsel, legal representative shall be entitled to withdraw his (her) complaint only with the consent of the convicted. The convicted has the right to withdraw the complaint filed by his (her) defense counsel, legal representative, his (her) withdrawal of the complaints of the mentioned persons shall be binding to the court.

Chapter 49. Consideration of the cases on appellate
complaints, protests

Article 424. Subject of the appellate review

      1. On appellate complaints or protests, the court of appeal in the available in the case and further submitted materials, investigated at the session of the appellate court, reviews the correctness of establishing the facts of the case and the application of criminal law, complying with the rules of criminal procedure law in the implementation of the proceedings, justice, legality and validity of the sentence or decision of the court of first instance within the limits, specified in the first part of Article 426 of this Code.
      2. The procedure for consideration of the complaints, appeals against sentences, decisions of the court with participation of jury shall be carried out in accordance with the rules of Chapter 69 of this Code.

Article 425. Terms of consideration of the case in
appellate instance

      Case in the appellate procedure must be considered not later than one month from the date of its receipt. In cases where the court sees no reason to the need to study new materials and evidence and make a new sentence, the case in the appellate procedure shall be considered no later than two months from the date of its receipt. The deadlines for good reasons may be extended to one month by the decision of the appellate court, in the production of which the case is. If necessary, a further extension of consideration of the case in the appellate procedure may be carried out by decision of the Chairman of the board of the relevant regional and equivalent court. In addition, each extension of consideration of the case may not exceed one month.

Article 426. Limits of consideration of the case on
appellate instance

      1. The court, considering the case on appeal instance, shall check the legality, validity, fairness of sentence, decision in that part, and only in respect of those convicted, affected by the complaint or protest.
      2. If it is established violation of the rights and legitimate interests of other convicted persons in the consideration of the case, which caused the unlawful sentence, decision, the court in compliance with the rules provided in this Code shall have the right to cancel or change it in those part, which is not appealed, protested and against persons for whom the complaint, the protest is not filed.
      Changing or cancellation of the sentence in respect of the persons about whom the complaint, protest is not filed, shall be permitted only in case of cancellation or changing the sentence against the person, affected by the complaint, protest, and only to conform qualification of actions of other convicted persons, jointly committed a criminal offence.
      3. Considering the case on appellate complaint, protest against the sentence of the court of first instance, the court may also, in the absence of private complaints, protests, cancel or change private and other court decisions, if they are in conflict with the decision of the appellate court, accepted on the complaints, protests, or do not correspond to the case file and the law.
      4. The proceedings in this court shall be completed by the decision (sentence), issued to review the appellate complaint, protest, objection to them and the parties’ submissions.

Article 427. Preparation of the session of the
appellate instance

      1. If for checking complaints, protests it is necessary to comply with the relevant procedural actions, the judge within ten days of the submission of the case shall issue a decision on the preparation of a case to consideration in the appellate court, which specifies the call and interrogation in the board meeting of the persons concerned (the convicted, acquitted, victims, witnesses, experts, specialists), about the discovery of materials and performing other actions necessary for proper resolution of the case. Taking into account the time required for the execution of the preparatory actions, the judge in the decision shall specify the date of consideration of the case in the appellate instance. A copy of the judge’s decision on the preparation of the session of the appellate instance within three days from the date of issue shall be sent to the participants in the process.
      2. A judge at the request of the parties or its own initiative shall decide whether to preserve, select, cancel or change the preventive measure against the defendant or convicted, what shall be indicated in the decision.

Article 428. The purpose of the court session of the
appellate instance

      1. The court of appeal in submission of the case with complaints or protest shall appoint a court session, and shall notify the parties of the time and place of the hearing.
      2. On receipt from the convicted in custody, the request for participation at the court session of the appeal court in consideration of complaint or protest of the procurator, aimed at the deterioration of its position, the appellate court shall issue a decision on consideration of the case with the direct participation of the convicted person or by using science and technology means to provide remote participation of the specified person, which it sends to the appropriate bodies for execution.
      3. The question of calling to the court session of the convicted in custody in other cases shall be decided by the court of appeal. Participation of the convicted (acquitted) at the court session of the appellate instance shall be mandatory, if the court considers new evidence that is not the subject of consideration of the court of first instance. Proceedings in such cases in the absence of the convicted (acquitted) shall be allowed in the circumstances, referred to in Article 335 of this Code.
      4. Participation of a defense counsel in appellate instance is carried out in the cases, specified in the first part of Article 67 of this Code. In those cases, when it is considered in relation to the convicted juvenile or on the appellate complaint of the victim (civil defendant), their representatives, the procurator’s protest, in which the question is the deterioration of the situation of the convicted person, or when the pre-trial proceedings and the consideration of the case in the court of first instance are conducted without the participation of the accused, or if the court of appeal considers new evidence, the participation of a defense counsel on appeal is mandatory.
      5. Persons who, in accordance with Article 414 of this Code have the right to appeal the sentence, as well as the defense counsel of the convicted (acquitted) or representative of the victim, who took the order after sentencing, in all cases are allowed in the appeal hearing. At their request they have the right to speak in support of the complaints or protest, or objections to them.
      6. Participation of the procurator in the appellate instance is necessary, except in cases of private prosecution.
      In the appellate instance, the procurator shall have the authority, provided for in Article 337 of this Code.
      Absence of other participants in the process, except for the defense counsel, timely notified of the place and time of the meeting of appeal, shall not preclude consideration of the case.

Article 429. Procedure for consideration of the case
in appellate instance

      1. The court of appeals considers cases in open court session, except as provided in Article 29 of this Code. The presiding judge opens the court session, announces which case is considered, and under whose appellate (private) complaint or protest. After that, the presiding judge shall announce the composition of the court, the names of the persons present, who are the parties to the case, as well as the names of the interpreters.
      2. The presiding judge shall explain to persons participating at the session their procedural rights in the consideration of the case on appeal, including the conclusion of the procedural agreement or reconciliation by way of mediation, and ask the parties about the presence of the challenges and applications and, if they are declared, he (she) clarifies the opinion of the participants in the process on them, after that, the court in compliance with the procedure provided for in Article 344 of this Code, shall issue a decision on the results of their review.
      If the participant in the process applies for verifying the legitimacy of the decision of the court of first instance for restoration of the missed deadline of appellate complaint, protest against the sentence, decision, then the application shall be considered immediately after the resolution of challenges. When recognition of the decision on the restoration of the missed period as illegal, the court of appeal shall issue a decision on its cancellation and termination of the appeal proceedings on the complaint, the protest, filed out of time. If the restoration of the missed deadline is recognized as correct, the court of appeal shall continue the examination of complaints, protests in the manner provided in this Article.
      3. The person, representing the court additional materials, shall specify the way how they are received, and why it becomes necessary to submit them, as well as justify the need to fill a judicial investigation conducted by the court of first instance. Additional materials cannot be obtained by the conduct of investigative actions.
      4. If the parties request to adduce new materials or their reclamation and research, as well as the interrogation of these witnesses, victims, experts, specialists, the commission of other actions aimed at filling the gaps in the judicial investigation in the first instance, the court hears the opinion of the participants in the process, and then makes a decision on their approval or rejection. If the court of appeal decides to conduct the judicial investigation, the applications of the parties on the interrogation of the witnesses, attended on their initiative shall be satisfied. If, in connection with the approval of the application it is necessary the time to conclude procedural agreement or reconciliation by way of mediation or performing other actions, the court announces a break and, if necessary, extends the period of consideration of the case on appeal.
      If the appointed examinations take the time, the court announces a break and, if necessary, extends the period of consideration of the case on appeal.
      5. The court of appeal under the rules provided for the court of first instance examines additional materials, relevant to the proper resolution of the case and submitted by the parties or required by their requests, the obtained expert opinions, and interrogates the people called to the session.
      If in the court of first instance a procedural agreement or an agreement on reconciliation by way of mediation is concluded, the court examines the legality within these agreements. After the cancellation of the sentence of the court of first instance on the grounds provided by law in the consideration of the case at the court session of the appellate instance according to the rules of the court of first instance, the parties may conclude a procedural agreement or an agreement on reconciliation by way of mediation.
      6. After the judicial investigation, the court by the rules of the court debate shall hear the participants in the process, who should explain the reasons and arguments of their complaints, protests or objections to them. Parties in their speeches are entitled to rely on the materials, studied by the court of first instance, and additional materials, examined by the court of appeal. The first speaker is a participant of the process, who filed a complaint, protest, if there are several, the court, taking into account their opinion sets priority of their speech. If the complaint, protest of the prosecution party contains the issue of the worsening situation of the convicted (acquitted), the defense party talks after hearing the speech of the prosecution.
      7. The procurator, participating in the court of appeal expresses opinion on the considered appellate complaints, sets out the reasons stated in the protest, gives a conclusion on the legality of judicial decisions on the case, as well as, where appropriate, supports the public prosecution.
      8. The protocol of a court session shall be kept in the study by the court of appeal of new evidence, interrogation of the convicted (acquitted), witness, victim, experts, specialists and others and it shall be registered in accordance with the requirements of Article 347 of this Code. The parties and persons, interrogated at the session of appellate instance, shall have the right to examine the protocol of the court session and to bring comments to it on the procedure provided for in Article 348 of this Code. Comments to the protocol shall be considered in accordance with the procedure, provided for in Article 349 of this Code.
      9. The schedule of court proceedings and measures taken against violators shall be determined by the rules of Articles 345, 346 of this Code. Decision-making procedure in the consultation room shall be determined by the rules of Article 389 of this Code.

Article 430. Powers of the court of appeal

      1. In consideration of the case, received with the appellate complaint or protest, the court at the request of the parties in order to verify the legality of the sentence and the correct resolution of the case shall be entitled to:
      1) demand documents related to health status, marital status and data on past convictions of the convicted person, the victim and the other persons involved, and at the request of the parties - other documents;
      2) appoint a forensic psychiatric or other examination;
      3) call at the hearing and interrogate additional witnesses, experts, specialists, research writing, material and other evidence, submitted by the parties or required, upon their request by the court;
      4) recognize the materials examined by the court of first instance as inadmissible evidence and exclude them from the evidence;
      5) recognize the materials excluded by the court of first instance from the evidence, as admissible and explore them;
      6) investigate the circumstances relating to the civil claim, and make a decision in the civil claim;
      7) perform other actions, necessary to ensure the completeness, comprehensiveness and objectivity of the study of all the materials of the case and establish the truth in the case.
      2. If there are uncertainties set forth in the protocol of the court hearing in the testimony of the convicted (acquitted), victims, witnesses and other persons, interrogated by the court of first instance, which allow them to different interpretations, the court on its own initiative or initiative of the parties shall be entitled to specify their evidence by questioning at the court session about these circumstances.
      3. At the conclusion of the procedural agreement or reconciliation agreement by way of mediation in the court of first instance, the court of appeal shall examine the circumstances of their conclusion.

Article 431. Decisions, made by the court of appeal

      1. As a result of consideration of the case on appeal, the court shall take one of the following decisions on:
      1) leaving the sentence, decisions of the court of first instance unchanged and appellate (private) complaint, protest - without satisfaction;
      2) changing the sentence;
      3) cancellation of the sentence and dismissal of the case in full or in part;
      4) cancellation of the judgment of conviction and making a new judgment of conviction or acquittal;
      5) cancellation of the acquittal and making a new judgment of acquittal or conviction;
      6) cancellation of the sentence, made with the participation of jury, and direction of the case for a new trial;
      7) changing the decision, cancellation of the decision with the adoption of a new decision;
      8) cancellation of the sentence and direction of the case to the procurator in accordance with Article 323 of this Code.
      2. The court of appeal may decide that worsen the situation of the convicted (acquitted), only to the extent and for the reasons, set forth in the complaints, protest of the prosecution party.
      3. In determining the circumstances referred to in Article 405 of this Code, the court of appeal shall issue a private ruling.

Article 432. Consideration of a civil claim in criminal
proceedings by the appeals instance

      1. The court of appeal in consideration of the case shall also check the legality, validity and fairness of the sentence in a part of the civil claim, if so requested in the complaint, protest of the parties, and shall make a decision in compliance with the requirements of Article 170 of this Code.
      2. The court of appeal has the right to change the sentence in a part of the civil claim.
      3. Decision-making in a civil claim, worsening the position of the convicted person shall be permitted only with the appropriate arguments in the complaints of the prosecution party or the procurator’s protest.

Article 433. Grounds for cancellation or change of the sentence

      The grounds for cancellation or change of the sentence of the court of first instance are:
      1) one-sidedness and incompleteness of the judicial investigation;
      2) inconsistency of the court’s findings set out in the sentence, decision to the facts of the case;
      3) a material breach of the criminal procedure law;
      4) incorrect application of the criminal law;
      5) non-compliance of the punishment to the severity of the criminal offence and the personality of the convicted.

Article 434. The one-sidedness or incompleteness of the
judicial investigation

      1. One-sided or incomplete judicial investigation is the judicial investigation, which left unexplained such circumstances, the establishment of which would be essential for the proper resolution of the case.
      2. The judicial investigation shall be incomplete in any case, when in the case the persons whose evidence is essential to the case are not interrogated, or when the examination, which conduct is required by law, is not carried out, and the documents or material evidence, which are essential are not required.
      3. After filling the gaps of the judicial investigation, the court of appeal shall take one of the decisions, referred to in the first part of Article 431 of this Code.
      4. The judicial investigation, conducted in a shortened manner in compliance with the requirements of this Code or by limiting the examination of evidence in connection with the request of the parties, may not be regarded as incomplete or one-sided and entail the cancellation of the sentence, decisions of the court on these grounds.

Article 435. The inconsistency of the court’s findings set out
in the sentence, decision to the facts of the case

      1. The sentence, decision shall be recognized as inconsistent to the facts of the case, if:
      1) the court’s findings are not supported by the evidence, considered in the hearing;
      2) the court does not take into account the circumstances that could significantly affect the court’s findings;
      3) there is contradictory evidence, which is essential for the court’s findings, and the sentence, the decision does not specify on what grounds the court took one of this evidence and rejected other evidence;
      4) the court’s findings set out in the sentence, decision, contain essential contradictions that affected or could affect the resolution of the case, including the decision of the court on the question of the guilt or innocence of the convicted, acquitted, the correct application of the criminal law or the determination of punishment.
      2. After examining the case materials, the evidence submitted by the parties and obtained during the appeal proceedings, the court may re-evaluate them and make a new decision as provided in the first part of Article 431 of this Code.

Article 436. A material breach of the criminal procedure law

      1. A material breach of the criminal procedure law is a violation of the principles and other general provisions of this Code, committed in the course of pre-trial proceedings or judicial proceedings, as well as other violations of the law, which, through deprivation or restraint of rights of the persons involved in the case, guaranteed by the law, non-compliance the procedure of court proceedings or otherwise prevented from comprehensive, full and objective investigation of the circumstances of the case, affected or could affect the legal sentencing or other court decisions.
      2. The sentence is subject to cancellation or change when the admitted by the court of first instance one-sidedness or incompleteness of the judicial investigation was due to the understudiedness of evidence, subject to mandatory study and entailed the erroneous exclusion from the proceedings of the admissible evidence or unjustified refusal to the party to the study of evidence that may be relevant to the case, or study of inadmissible evidence.
      3. The sentence, decision shall be subject to cancellation in any case, if:
      1) the court on the grounds provided for in Article 35 of this Code, does not terminate the criminal case;
      2) the sentence is decreed by illegal composition of the court;
      3) the case is considered in the absence of the defendant, except as provided for by the second part of Article 335 of this Code;
      4) the case is considered in court without defense counsel or representative of the injured person, when their participation is mandatory by law, or the defendant’s right to protect is violated in other ways;
      5) the court violates the right of the defendant or the injured person to use their native language or the language, which he (she) speaks, or the services of an interpreter;
      6) the defendant is not provided the right to participate in the court debate, unless in accordance with the requirements of this Code it is not carried out;
      7) the defendant is not given the last word, except when its pronouncing in accordance with the requirements of this Code is not provided;
      8) the secrecy of sentencing is violated;
      9) the sentence is not signed by the judge.
      4. Absence in the case of the protocol of the court session shall not be the grounds for cancellation of the appealed (protested) judicial act. In such cases, the court of appeal shall send the case to the court of first instance for its re-registration.

Article 437. Incorrect application of the criminal law

      Incorrect application of the criminal law is:
      1) the violation of the requirements of the General Part of the Criminal Code of the Republic of Kazakhstan;
      2) the use of the wrong article, part of the Article, paragraph of the Article of the Special Part of the Criminal Code of the Republic of Kazakhstan, which were subject to the application;
      3) the punishment is more strict than it is provided by the sanction of this Article of the Special Part of the Criminal Code of the Republic of Kazakhstan.

Article 438. The non-compliance of the punishment to the
severity of the criminal offence and the personality
of the convicted

      1. Inconsistency of the severity of the criminal offence and the personality of the convicted is the punishment that is assigned without regard to the general principles of sentencing and, although not beyond, the sanctions of the relevant Article of the Criminal Code of the Republic of Kazakhstan, but in its form and size is unfair due to excessive softness or excessive severity.
      2. The court of appeal shall have the right to commute the sentence or decide on a more severe punishment in relation to the application of the law on a more serious criminal offence, and without requalification of actions of the convicted. Making a decision, worsening the position of the convicted person shall be permitted only with the appropriate arguments in the complaints of the prosecution party or the procurator’s protest and only within them. Application of the law on a more serious criminal offence may not go beyond the charge, against the defendant and supported in the court of first instance by the prosecution party.
      3. In cases, where the court of first instance made a decision on the qualification of a criminal offence on the basis of the seventh part of Article 337 of this Code in connection with a change by the public and private prosecutors the charges to less serious, the appeals instance shall not have a right to apply the law on a more serious criminal offence, but within arguments of the complaints, protest may increase the time or size of punishment or to appoint the convicted another stricter punishment than specified in the sentence.

Article 439. Cancellation of the judgment of conviction
with the termination of the case

      1. In considering the appellate complaint, protest the court of appeal cancels the sentence and terminate the case on the grounds, provided for in paragraphs 3) -10) of the first part of Article 35 and the first part of Article 36 of this Code.
      2. Upon the termination of the case on the grounds specified in paragraph 9) of the first part of Article 35 of this Code, the court of appeal resolves the issues referred to in Article 520 of this Code, and in accordance with Article 521 of this Code shall rule.
      3. The parties shall have the right to request to terminate the case due to reconciliation of the convicted with the injured person. In such cases, the court of appeal shall check the availability and the accuracy of the circumstances, specified in the request. In establishing the grounds under which the case is subject to termination or may be terminated due to the reconciliation of the parties, the court shall issue a decision to cancel the sentence and terminate the case on the specified base.

Article 440. Cancellation of acquittal

      1. The acquittal, the decision to terminate the case or other decision in favor of the defendant, may be canceled by the appeals instance only upon the protest of the prosecutor or on the complaint of the injured person or his (her) representative, as well as acquitted by the court, which does not accept the grounds of acquitment.
      2. The acquittal, the decision to terminate the case or other decision in favor of the defendant, may not be canceled based on a material breach of the criminal procedure law, referred to in Article 436 of this Code, if the innocence of the acquitted, the grounds of justification, or the essence of a decision, reached in favor of the defendant, are not in dispute.
      3. The decision of the court to terminate the case due to the failure of the public prosecutor and the injured persons in consideration of the case on the court of appeal shall not be subject to cancellation.

Article 441. Cancellation of the sentence with a new sentence

      1. The court of appeal in compliance with the requirements of Chapter 46 of this Code shall have the right to:
      1) cancel the conviction and decide an acquittal on the grounds, provided for in paragraphs 1) and 2) of the first part of Article 35 of this Code;
      2) on the complaint or protest of the prosecution party cancel the acquittal and decide a conviction;
      3) cancel the conviction and decide a new conviction;
      4) cancel the acquittal and decide a new acquittal.
      2. When making a new conviction the court of appeal shall not have a right to go beyond the charges, as well as beyond the size of the charges and punishment which at the main trial was supported by the public or private prosecutor.

Article 442. Changing the sentence

      1. The court of appeal shall have the right to change the sentence:
      1) to mitigate the sentence and the type of institution of the penal system;
      2) to apply the law on a less serious criminal offence and impose punishment in accordance with the changed qualifications;
      3) to increase the size of the punishment, if the increase is due to the elimination of arithmetic errors or errors in the classification of pre-trial detention, with the elimination of incorrect application of the criminal law, governing the imposition of punishment on set of criminal offences or cumulative sentences and recidivism;
      4) to apply additional punishment if the circumstances properly installed,
      the full study and analysis of the evidence, the correct legal qualification of actions of the convicted and properly appointed principal punishment;
      5) to cancel the appointment to the convicted of a softer type of institution of the penal system than provided by law, and to appoint a type of institutions of the penal system in accordance with the Criminal Code of the Republic of Kazakhstan;
      6) to recognize the corresponding recidivism, if it was not done or done wrong by the court of first instance;
      7) cancel in accordance with the fifth part of Article 64 of the Criminal Code of the Republic of Kazakhstan probation for previous sentence or cancel in accordance with the fifth part of Article 69 of the Criminal Code of the Republic of Kazakhstan the exemption from criminal liability on the previous sentence and in this regard impose punishment according to the rules of Article 60 of the Criminal Code of the Republic of Kazakhstan, if it was not done by the court of first instance;
      8) in the cases, provided for in paragraphs 2) and 3) of the seventh part of Article 72 of the Criminal Code of the Republic of Kazakhstan, to cancel release on parole and to impose punishment according to the rules of Article 60 of the Criminal Code of the Republic of Kazakhstan;
      9) to make a change in the sentence in a part of the civil claim, as well as on the recovery of procedural costs, the decisions on the material evidence;
      10) to apply in accordance with Article 98 of the Criminal Code of the Republic of Kazakhstan compulsory medical measures.
      2. The court of appeal shall have the right to make decisions that worsen the situation of the convicted person only if on these grounds the procurator makes a protest or the private prosecutor, injured persons and their representatives files a complaint.
      Footnote. Article 442, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 443. Contents of an appellate sentence, decision

      1. In the cases, provided for in paragraphs 1), 2), 3) and 8) of the first part of Article 431 of this Code (about leaving the sentence of the court of first instance without change, changing the sentence, cancellation of the sentence with the termination of the case, cancellation of the sentence and direction of the case to the procurator in accordance with Article 323 of this Code), an appellate decision shall be made.
      Appellate decision consists of an introduction, descriptive-motivation and conclusion parts.
      2. The introductory part of the decision shall specify:
      1) the time and place of the sentence;
      2) the name of the court and the composition of the court which made the decision;
      3) the persons who filed an appellate protest or complaint;
      4) the persons, participating in the proceedings on appeal.
      3. The descriptive-motivation part of the decision shall contain a summary of the substance of the judicial act, arguments of the complaints, protests, objections to them, as well as the arguments of the participants in the process, who do not file a complaint, about the agreement or disagreement with the judicial act, presented together with the objections to the complaint, protest of another participant in the process, the views of those who participated in an appellate court, as well as the motives of the decision made.
      4. When leaving the complaint, protest dismissed due to lack of new arguments in the descriptive-motivation part of the appeal decision it is indicated only the absence of grounds stipulated by this Code to amend the judicial act or cancel it.
      If there are new arguments in the appellate complaint, which were not the subject of consideration of the court of first instance, the descriptive-motivation part shall specify grounds on which new arguments are substantiated or unsubstantiated.
      5. When canceling or changing the sentence, the decision shall specify any violation of the requirements of provisions of the criminal or criminal procedure law, these violations, grounds on which the sentence of the court of first instance is amended.
      6. The conclusion part of the appellate decision shall specify the decision of the appellate court on a complaint or protest, the time of entry into force of the decision, the order and timing of its appeal.
      7. In the cases, provided for in paragraphs 1), 2), 3) and 4) of the first part of Article 441 of this Code (on cancellation of the judgment of conviction and making the judgment of acquittal, on cancellation of the judgment of acquittal and making the judgment of conviction, on cancellation of the judgment of conviction and making a new judgment of conviction, on cancellation of the judgment of acquittal and making a new judgment of acquittal), the court shall issue a decision to cancel the sentence of the court of first instance and by the rules of Chapter 46 of this Code shall make an appellate sentence.
      8. The structure and content of the appellate sentence shall comply with the requirements of Articles 393 - 401 of this Code.
      9. If the appellate court makes the decisions, provided for in the first part of Article 442 of this Code, the descriptive-motivation part of the decision shall specify the reasons for which the decision of the court of first instance considered as improper, as well as the grounds for worsening the situation of the convicted person.
      10. The court of appeal may, without changing the essence of the appellate sentence or decision, make an additional decision on the correction of apparent misprints and clarifying ambiguities contained therein.

Article 444. The issuance of the appellate sentence,
decisions and their entry into force

      1. Appellate sentence, decision shall be made in the deliberation room, signed by the judge (judges) and announced in the courtroom after the return of the judges (judges) from the deliberation room.
      2. If drawing up the decision requires considerable time, the court may, subject to the requirements of the first part of this Article, make the introductory and conclusion parts of the appeal decision. In this case, the full text of the appeal decision shall be made and signed by a judge (judges) within ten days from the date of the hearing.
      In the conclusion part of the decision the court indicates the time of announcement of the decision in full. After making, the full text of the decision shall be read at the announced time to the participants in the process.
      3. Appellate decision shall enter into force from the date of announcement of the full text.
      4. The decision of the appeals instance may be reviewed in the cassation procedure.

Article 445. Address to the execution of the sentence,
the decision of the court of appeal

      1. The sentence or decision of the appeals instance not later than three days from the date of its issuance, and in the case provided for by the second part of Article 444 of this Code, from the date of preparation of the full text shall be sent, together with the case to the court of first instance for access to execution.
      2. The sentence, decision, according to which the convicted shall be released from detention shall be enforced in this part immediately, if the convicted attends a meeting of the court of appeal. In other cases, a copy of the appellate sentence, decision or extract from their conclusion part shall be immediately sent to the administration of the place of detention for execution of the decision on the release of the convicted from custody.

Article 446. Re-consideration of the case on appeal

      1. Re-consideration of the case on appeal without canceling the first appellate sentence, decision made in checking the legality of the sentence of the court of first instance, shall be allowed, if:
      1) the appellate complaint or protest against some convicted persons, the complaints of other participants in the process with the right to appellate review of the sentence, the decision filed in due time, shall be received to the appellate court, after the consideration of the complaints of other participants in the process;
      2) the missed deadline for an appeal, protest restored by the court of appeal in the manner provided by this Code, after consideration of the case on appeal on the complaints of other participants in the process.
      2. The court of appeal shall consider the complaints of the convicted person, his (her) defense counsel or representative, and in cases where the case against this person is reviewed on appellate complaints or protests of other participants in the process.
      3. If the repeatedly issued sentence, decision contradicts to the previous sentence, decision of the appellate court, the Chairman of the board shall submit a representation to eliminate the contradictions arising in the cassation instance of the regional court and equivalent court.

Article 447. Consideration of the case in the first instance
after the cancellation of the original sentence, issued
with the participation of jury

      After cancellation of the original sentence, the case shall be subject to review in accordance with the procedure provided for in Chapter 65 of this Code.
      If the sentence, issued in the case, considered by jury is canceled with the direction of the case for a new trial from the stage of the main trial, the court at the new trial shall conduct a preliminary hearing and, depending on the will of the defendant shall decide to reconsider the case involving jurors or without their participation. If the original sentence is canceled with the direction of the case to a new trial from the stage of the main trial, the court shall appoint the main trail, and shall conduct the formation of a new jury and hear the case in accordance with the provisions of Chapter 65 of this Code.
      In this case, the court may not worsen the situation of the convicted person in comparison with the previous conviction, which is canceled due to the violation by the presiding judge of the requirements of Chapters 67, 68 and Article 658 of this Code.
      Footnote. Article 447, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Chapter 50. Consideration of cases upon cassational
complaints, protests

Article 448. General conditions of appealing, protesting the
sentences, decisions of the court under cassational procedure

      1. According to the rules of this Chapter the sentences, decisions of the district and equivalent courts (including specialized, inter-district courts) shall be subject to review on complaints only after their consideration on appeal, the protests, as well as the sentences and decisions of the court of appeal.
      2. The decisions of the court, issued: during the trial on the issues referred to in second part of Article 10 of this Code; concerning the procedure and method of examination of evidence, the applications of participants in the process, compliance with the order in the courtroom; in connection with the rejection of the charges by the public and private prosecutors; on matters, within the competence of the investigating judge, shall not be subject to review on the cassational procedure.
      3. The persons who have the right to bring cassational complaints, and the order of the complaint shall be determined according to the rules set out in Articles 414 and 417 of this Code.
      The persons who are not parties in the present case shall have the right to file a cassational complaint on the decision in respect of their rights and legitimate interests.
      4. The protest for review of a judicial act under the cassational procedure may be brought by the procurator of the region and equivalent procurator, as well as the Procurator General of the Republic of Kazakhstan and his (her) deputies according to the rules, specified in Article 417 of this Code.
      When deciding on protestation of the judicial act under the cassational procedure, the Procurator General of the Republic of Kazakhstan and his (her) deputies, the procurator of the region and equivalent procurator shall have a right to request from the court a criminal case, which is to be returned to the court or shall be sent together with the protest in the court of cassation.
      5. Filing a cassational complaint, protest to review the appellate decision, sentence on the grounds of innocence of the convicted person, as well as by the need to apply the law on a less serious criminal offence, on the severity of the punishment or otherwise entailing the improvement of the situation of the convicted person, shall not be limited by terms.
      Filing a cassational complaint, protest to review the appellate decision, sentence on the grounds of worsening the situation of the convicted (acquitted) shall be permitted within a period of six months from the date of its publication.
      The specified term, if it missed, may not be restored. Actions of the court of cassation for the preparation of the case for consideration in the hearing on the basis of submitted within six months cassational complaints, protests and adoption of the decision, worsening the situation of the convicted, shall not be included in the period of six months and they may be carried out after its expiration, but in compliance with the terms established to consider the cases in the court of cassation.
      6. The representation of the Chairman of Appeals Board, submitted in accordance with the third part of Article 446 of this Code may be a reason to consider the case in the court of cassation.

Article 449. Subject of cassation

      The court of cassation shall verify compliance of the court, issued the sentence, decision with the rules of criminal and criminal procedural law, and on the basis of it shall check the legality, validity and fairness of the sentence, decision.

Article 450. Cassational complaint or protest

      1. A cassational complaint or protest is filed directly to the court of cassation and shall include:
      1) the name of the court, addressed the appeal or protest;
      2) the identity of the person, filed the appeal or protest, indicating his (her) procedural status, place of residence or location, the contact numbers;
      3) the sentence or other decision that is appealed or protested, and the name of the court, ruled that decision;
      4) the arguments of the person, filed the appeal or the protest, stating what is incorrect application of the criminal or criminal procedure law and how it affects the substance of the court decision, what is requested;
      5) the list of materials, attached to the appeal or protest;
      6) the signature of the person, filed the appeal or protest.
      The author shall indicate in the appeal the consideration of the case on cassation with his (her) participation or without him (her).
      2. If the appeal, protest filed does not comply with the requirements established by the first part of this Article, they are considered as filed, but by the decision of the judge of the court of cassation shall be returned with the term for re-registration. If within this period the cassational complaint, protest after re-drawing is not provided to the court, they are considered as not filed.
      3. In the event of appealing of the sentence, decision, made by the court in the consideration of the case on appeal, the cassational complaint, protest should specify the grounds of agreement or disagreement with the sentence, decision of the first instance.
      4. A person who filed a cassation complaint or protest before the court hearing has the right to change or add new arguments to its complaint, protest. In this case, the prosecutor’s additional protest or its statement to change the protest, as well as additional complaint of the injured person, private prosecutor or representatives, filed after the term of appeal of the sentence, established in the fifth part of Article 448 of this Code may not be questioned about the deteriorating the situation of the convicted person, if such a requirement is in the original protest or complaint, or raise the question of the deteriorating the situation of the convicted person for other reasons not specified in the filed complaint, protest.

Article 451. Terms of consideration of the case in
the court of cassation

      The case shall be considered within one month from the date of its receipt by the court of cassation. This time period due to the complexity of the case or a large amount, as well as if there are other valid reasons may be extended by order of the court, considering the case, but every time no more than one month.

Article 452. Appointment of the hearing of the cassation court

      1. Upon receipt of the complaint, protest the judge of the cassation court seeks the case, and on receipt of which sets the date of its consideration.
      2. The parties shall be notified about the time and place of the consideration of the case in the court of cassation. The question of calling a convicted in custody shall be decided by the court of cassation. Upon receipt from the convicted in custody a request for participation in the hearing of the cassation instance in consideration of the complaint or protest of the procurator, aimed at deterioration of its situation, the court of cassation shall issue an order on consideration of the case with the direct participation of the convicted person or by using scientific and technological means, allowing the remote participation of the indicated person, which shall be sent to the appropriate authorities for execution.
      3. Absence of the persons, timely notified of the place and time of the session of cassation shall not preclude consideration of the case. The participation of the procurator and defense counsel in the hearing of the cassation court is mandatory, except in cases of private prosecution. The participation of the defense counsel is mandatory in cases envisaged by the fourth part of Article 428 of this Code.
      4. Persons, having a right to bring cassation complaints, protests, as well as defense counsel of the convicted, acquitted or representative of the injured person, took order after sentencing, decisions in all cases shall be allowed to the hearing of the cassation court. At their request, they shall be given the opportunity to speak in support of the complaints or protests or objections to them.
      5. The Court may decide to hear the case without the participation of the parties, if all parties in the direction of a complaint or upon receipt of a notice of the hearing request on the implementation of said production in their absence. If the court recognizes their attendance as mandatory, the case shall be postponed and a new date of the court hearing with calling of the persons concerned shall be appointed.

Article 453. The powers of the court of cassation

      The judge in preparing the case for hearing or the court in the consideration of the case, submitted with the complaint or protest, on its own initiative or at the request of the parties shall have a right to request:
      1) the documents related to health, family status and data on past convictions of the convicted person;
      2) the information, necessary to determine the effect of the law in time, in space, and to determine the correct application by the court of first instance and appellate courts of the criminal and criminal procedural law in the resolution of the case.

Article 454. The order of consideration of the
case in cassation

      1. The court of cassation shall consider cases in an open court session, except as provided in Article 29 of this Code.
      2. The presiding judge shall open the court session and announce which case is considered and upon whose cassation complaint or protest. After that, the presiding judge shall announce the composition of the court, the names of persons who are the parties in the case and those present in the court session, as well as the names of interpreters and explain to participating in the session persons of their rights in the consideration of the case in the court of cassation.
      3. The presiding judge asks the present participants of the proceedings on their existing challenges and petitions, and on the results of their review the court in the manner provided in Article 344 of this Code shall make a decision. If the participant of the proceedings filed a petition for the passage of the deadline of appeal in cassation complaint, protests, then the petition shall be considered first. While recognizing the petition as justified, the court makes a decision about its satisfaction and termination of the cassation proceedings on the complaint, the protest filed out of time, and continues to the proceedings on the complaint, the protest filed to the court of cassation in a timely manner.
      4. Consideration of the case begins with the speech of the participant of the process, filed a cassation complaint or protest. If there are several participants, the presiding judge taking into account the views of the parties establishes the order of their speeches. The participants of the process indicate in speeches which circumstances related to the subject of cassation, associated with the violations in the application of the law are committed during the pre-trial proceedings or by the court of first instance or appellate courts, in what it is expressed and how it affected the substance of the decision on the case.
      5. The procurator participating in the court of cassation expresses an opinion on the considered cassation complaints, sets out the reasons stated in the protest, and gives a conclusion on the legality of judicial acts in the case.
      6. In the confirmation or refutation of the arguments, presented in the cassation complaints or protest, the speakers may submit to the court of cassation additional materials, at the same time inform the court the way in which they are received, and why it is necessary to submit them. Additional materials may not be obtained through the investigative actions. The court after hearing the opinion of the parties, shall issue a decision on the acceptance or rejection of additional materials. Additional materials, if they are relevant to the resolution of the case may serve as a basis for the cancellation or changing of the sentence, if the data or information contained in such materials is not required additional verification. In other cases, additional materials may serve as a basis for cancellation of the sentence, court decision and direction of the case for new consideration to the court of appeal.
      7. The schedule of the court session and measures taken against violators shall be defined by the rules of Articles 345 and 346 of this Code. The order of judicial deliberations and decision-making shall be determined by the rules of Article 389 of this Code. After the judicial deliberations a decision shall be made.

Article 455. Decisions of the court of cassation

      As a result of consideration of the case in the cassation, the court by its decision shall take one of the following decisions:
      1) leave the sentence of the first instance and the decision of the appellate court unchanged, and a complaint or protest without satisfaction;
      2) cancel the judicial acts and dismiss the case;
      3) cancel the judicial acts of the appellate court and leave the sentence of the first instance unchanged;
      4) cancel the judicial acts of the appellate instance and send the case to a new consideration to the court of appeal;
      5) cancel the judicial acts of the first and appellate instances, and send the case to a new consideration to the court of first instance, if the case in the court of first instance is considered by jury;
      6) change the sentence of the first instance and the decision of the appellate court;
      7) when establishing the circumstances, specified in Article 405 of this Code, shall make a private decision;
      8) by representation of the Chairman of Appeals Board, filed in the case, stipulated by the third part of Article 446 of this Code, cancel one of the Appeals Board decisions leaving other decision or cancel both decisions and send the case to a new consideration of the appeal.

Article 456. Grounds for canceling or changing a sentence,
decision of the appellate court

      The grounds for canceling or changing a sentence, decision of the appellate court shall be:
      1) incorrect application of the criminal law;
      2) a substantial violation of criminal procedure law;
      3) the unjust sentence.

Article 457. Incorrect application of the criminal law

      Incorrect application of the criminal law is:
      1) violation of the requirements of the General Part of the Criminal Code of the Republic of Kazakhstan;
      2) application of the wrong article or part (paragraph) of Article of the Special Part of the Criminal Code of the Republic of Kazakhstan, which is subject to the application;
      3) imposition of a more strict punishment than it is provided by sanction of the Article of the Criminal Code of the Republic of Kazakhstan.

Article 458. A material violation of the
Criminal Procedural Law

      1. Material violations of the criminal procedural law are the violations of the principles and other general provisions of this Code in the pre-trial proceedings, and (or) at the judicial proceedings, which, through the deprivation or restraint of the legally guaranteed rights of the involved in the case, non-compliance with legal proceedings or otherwise prevented the comprehensive and objective examination of the circumstances of the case, have influenced or may have influenced to the legal sentencing.
      2. The sentence, the appellate decision shall be canceled in any case when in the proceedings the violations of the criminal procedural law, referred to in the third part of Article 436 of this Code are made.

Article 459. The unjust sentence

      1. A sentence is recognized as unjust sentence, if according to which imposed a punishment, not complying with the requirements of Article 52 of the Criminal Code of the Republic of Kazakhstan and by the form and size does not match the severity of the criminal offence and the personality of the convicted due to excessive severity or softness.
      2. The appeal court by the rules of Article 463 of this Code shall have the right to change the sentence in connection with its injustice and the decision of the appeal court, which does not eliminate the violation.
      3. If the sentence is recognized as unjust due to application of the criminal law on a less serious criminal offence or in connection with excessive softness of punishment, the cassation court in the presence of a protest of the procurator or a complaint of the injured person, his (her) representative, submitted on these grounds, shall have the right to tighten the punishment or apply the law on a more serious criminal offence.
      If the injustice of the sentence is the result of illegal and unjustified change (cancellation) of the sentence in part of the imposed punishment in the appellate instance, the cassation court shall have the right to cancel the decision (sentence) of the appellate court, leaving the sentence of the court of first instance unchanged.

Article 460. Cancellation of the judgment of conviction
with dismissal of the case

      In considering the case in the cassation, the court cancels the judgment of conviction and dismisses the case on the grounds, provided by the first part of Article 35 and first part of Article 36 of this Code.

Article 461. Cancellation of the judgment of acquittal,
decision to dismiss the case by the court

      1. The judgment of acquittal, decision to dismiss the case or other decision in favor of the defendant, may be canceled by the cassation instance only upon a protest of the procurator or on the complaint of the injured person or his (her) representative, as well as on the complaint of the acquitted by the court, who disagrees with the grounds of acquitment.
      2. The judgment of acquittal, decision to dismiss the case or other decision in favor of the defendant may not be canceled based on substantial violations of the criminal procedural law, if the innocence of the acquitted or the essence of other decision in favor of the defendant is not questioned in the cassation complaint, protest.

Article 462. Cancellation of the sentence, appellate decision
with the direction of the case to a new consideration
of the appeal

      1. The sentence, appellate decision shall be canceled with the direction of the case for a new appellate review only in the case of the establishment by the court of cassation substantial violations of the criminal procedural law, which are not resolved on appeal, and affected the legality of the sentence, decision.
      2. The sentence, appellate decision may also be canceled with the direction of the case for a new trial on the grounds specified in paragraph 5) of Article 455 of this Code.
      3. Directing the case for reconsideration, the cassation court indicates in the decision which violations of the law committed during the proceedings are not evaluated by the court of first instance or appellate court, or committed by the authority itself, and how they affected or could affect the essence of the judicial acts taken in the case.
      The court of cassation shall not have a right to prejudge the question of proof or failure to proof a charge, reliability or unreliability of certain evidence, the preponderance of evidence, the application of the first instance court of a criminal law and punishment, as well as to prejudge the conclusions that may be made by the court.

Article 463. Change of the sentence

      1. In the event of incorrect application by the court of first instance or appellate court of the criminal law, the cassation court may apply to the convicted person the law on a less serious criminal offence and reduce the penalty in accordance with the changed qualification of the offence, as well as may apply the law on a more serious crime, or to enhance the punishment imposed.
      2. The cassation court shall have the right to reduce the punishment, imposed to the convicted without changing the qualification, if it is found to be unfair due to its excessive severity.
      3. The cassation court shall have the right to increase the size of the punishment, if the increase is due to the application of the law on a more serious criminal offence, the elimination of arithmetic errors or errors in the classification of the pre-trial detention period, sentencing for cumulative sentences and crimes, as well as because of the injustice of punishment due its excessive softness.
      The cassation court shall have the right to change the sentence and the appellate decision in part of the regime in the institutions of the penal system, if it is defined not complying with the requirements of the criminal law and in this case, the related motives of the decision, made in this case are not given in the judicial acts.
      4. The cassation court shall have a right to make changes under this article, worsening the situation of the convicted person, only if on these grounds the procurator’s protest or the complaint of the injured person, private prosecutor or their representatives is made.
      5. The court, hearing the case, examines the legality, validity and fairness of the sentence of the court in full. Changes in the judicial act on grounds not mentioned in the cassation complaint, protest, as well as in relation to other convicted, in respect of which the cassation complaint, protest is not brought, shall be permitted only when changing the qualification of the criminal offence committed in complicity with the convicted, in respect of which the cassation complaint is filed, if this does not worsen their situation. The decision on worsening the situation, the court may only take on those convicted, which stated in a protest of the procurator or the cassation complaint. The court may not worsen the situation of the convicted person on his (her) cassation complaint or his (her) defense counsel or representative.

Article 464. The content of the cassation decision

      1. The cassation decision consists of the introductory, descriptive-motivational and conclusion parts.
      2. The introductory part of the decision shall indicate:
      1) the time and place of the decision;
      2) the name of the court and composition of the cassation board, made the decision;
      3) the person, who filed the cassation complaint or brought cassation protest;
      4) the persons, who participated in the proceedings in the cassation instance.
      3. The descriptive-motivational part of the decision shall contain a summary of the arguments of the person, filed a complaint and brought protest, objections of other persons participating in the court of cassation, as well as the motives of the decision taken. If the complaint or protest is dismissed, the grounds on which the arguments of the complaint or protest are recognized as unfounded or irrelevant shall be indicated.
      When canceling or changing the sentence it is specified the requirements of which articles of the criminal or criminal procedure law are violated and what are these violations; the grounds on which the punishment imposed by the court of first instance or appellate court is considered as unjust. In the case of sending the case to a new trial, it is specified which violations of the law should be eliminated. In this case, the decision of the cassation court may not contain the wording of proof or unproven accusations, reliability or unreliability of one or another proof and the advantage of one evidence over the other, the application by the court of first instance, appeal court of one or another criminal law and punishment.
      4. When leaving the complaint, protest without satisfaction due to the lack of new arguments in the descriptive and motivation part of the cassation decision it is indicated only the absence of grounds, provided by this Code to make changes to the judicial act or its cancellation.
      If there are new arguments in the cassation complaint, that are not subject to review in the courts of first instance and appeal, the descriptive-motivation part shall indicate the grounds on which new arguments do not entail the cancellation or changing of the judicial acts made in the case or found to be unsubstantiated.
      5. The operative part of the decision indicates the decision of the court of cassation on complaint or protest with the indication of the date of its entry into force, as well as the terms and procedure of its appeal, protest by way of supervision.

Article 465. Cassation decision

      1. The cassation decision shall be made in the deliberation room in complying with the requirements of Article 444 of this Code.
      2. The cassation decision enters into force from the moment of its announcement.

Article 466. Execution of the decision of the cassation court

      1. The decision of the cassation court within three days after its issuance shall be sent together with the case for the execution to the court of first instance that passed the sentence.
      2. The decision, according to which the convicted person is released from custody, shall be executed in this part immediately, if the convicted person is involved in the session of the cassation court. In other cases, a copy of the cassation decision or an extract from the cassation decision of its operative part shall be immediately sent to the administration of the place of detention for execution of the decision to release the convicted person from custody.
      3. The decision of the cassation instance, according to which a new trial of the case in the court of first and appeal instances is assigned, within the period specified in the first part of this article shall be sent, together with the case to the appropriate court, as the parties are notified.

Article 467. Re-consideration of the case in the
court of cassation

      1. If for any reason the cassation complaint or protest against some convicted persons filed in due time, will come to the court of cassation, after considering the case against the other convicted persons, as well as if the cassation complaint of the convicted person, his (her) defense counsel or legal representative come when the case against the convicted person has already considered on the cassation complaint of the other participant of the process or protest of the procurator, the cassation court shall be obliged consider such a complaint or protest, and make the decision for them.
      2. If the newly issued decision comes into conflict with the previously issued, the cassation court shall direct the case to the Supreme Court of the Republic of Kazakhstan to check in the order of supervision.

Article 468. Consideration of the case on appeal after the
cancellation of the appellate decision, sentence

      1. After the cancellation of the sentence in the case, considered by jury, or cancellation of the appellate decision or sentence with direction the case for retrial to the appropriate court, the case shall be considered by the general rules established by this Code for this instance.
      2. Aggravation of punishment or application of law on more serious charges under the new consideration of the case by the appellate court shall be allowed if such a request is contained in the cassation complaint, protest of the prosecution party and the court of cassation indicates it as one of the grounds for cancellation of the sentence.
      3. In the new consideration of the case the court of appeal shall not have the right to:
      1) recognize the convicted to be guilty in the part of the accusation, which is excluded by the original sentence, if the cassation court does not cancel the appellate sentence in this part on the complaint, the protest of the prosecution party;
      2) increase the punishment, appoint the serving of the part of the term of imprisonment in a prison or serving a sentence in a colony of strict regime, appoint an additional punishment or apply the law on a more serious criminal offence, if the original appellate sentence is canceled by the cassation court although by the complaint, the protest of the prosecution party, but not by these grounds.

Article 469. Limits of sentencing under the new
consideration of the case

      1. If the first appellate sentence, decision are canceled on the complaint, protest filed in defense of the convicted person, and the second sentence is canceled on the complaint, protest of the prosecution party on the softness of the punishment or due to the need to apply the law on a more serious criminal offence, the appellate court dealing with the case the third time may appoint a more severe punishment or apply the law on a more serious criminal offence than on the second sentence, but may not increase the punishment or apply the law on a more serious criminal offence compared to the first sentence.
      2. The sentence, issued by the appellate court in the new consideration of the case may be appealed in a general manner.

Section 9. Execution of court decisions

Chapter 51. Execution of sentences and decisions
of the court

Article 470. The entry into force of the sentence
and its execution

      1. The sentences of the court of first instance, issued by the district and equivalent courts, specialized inter-district criminal court, specialized inter-district military court in criminal cases, specialized inter-district juvenile court, the military court of the garrison shall enter into force and subject to the execution upon the expiration of the term for an appellate complaint or protest, if they are not appealed or protested.
      2. In the case of reconsideration of the case in the appellate court, if it is not canceled, the sentence shall enter into force on the date of the appellate sentence. If the appellate (private) complaints, protests are withdrawn before the meeting of the appellate court, the sentence shall enter into force on the day of issuance by appellate court of the decision to cease production due to the withdrawal of the complaint, protest.
      3. The sentence shall be executed by the court of first instance within three days from the date of the sentence enters into force or return of the case from the superior court.
      4. A person, convicted of a criminal offence shall be exempt from punishment, if a guilty verdict is not executed within the time frame established by Article 77 of the Criminal Code of the Republic of Kazakhstan.
      5. The sentence of the court shall be subject to immediate execution on the part of the release of the convicted, acquitted from custody.

Article 471. The entry into force of the court decision
and its execution

      1. The sentence of the court of first instance enters into force and shall be executed upon the expiration of the term for appeal or protest or in the case of bringing a private complaint or protest to consider the case by the higher court.
      2. A court decision that is not subject to appeal or protest shall enter into force and shall be executed immediately after its adoption.
      3. The decision of the court to dismiss the case, issued at the preliminary hearing or in the main trial shall be subject to immediate execution in the part that deals with the release of the accused or the defendant from custody.
      4. The decision, the sentence of the appellate court shall enter into force from the date of their announcement.
      Note RCLI!
      Paragraph 5 is in the wording of the Law of the Republic of Kazakhstan dated 31.10.2015 No. 378-V (shall be enforced from 01.01.2016).
      5. The sentences and decisions of the appellate and cassation courts shall be executed in the manner provided by Articles 445 and 466 of this Code.
      6. Private ruling of the court after expiration of three days from the date of entry into force shall be sent to the appropriate official, performing administrative functions. Not later than one month the necessary measures shall be taken for the private decision and the court which made the decision shall be reported about the results.

Article 472. The procedure of execution of the sentence,
decision of the court

      1. The sentence and decision of the court, entered into force are compulsory for all state bodies, bodies of local self-government, legal entities, officials and citizens without exception and are subject to strict execution in the whole territory of the Republic of Kazakhstan. Failure to comply with the sentence, decision of the court shall entail the criminal liability.
      2. The execution of the sentence and the decision lies with the court, considered the case at first instance. The order on execution of the sentence shall be sent by the judge together with a copy of the sentence to the body which in accordance with the penal legislation is assigned the duty of enforcing the sentence. The court of appeal shall be responsible to report the results of appeal proceedings against those detained. In the case of changing the sentence in the consideration of the case on appeal the copy of the sentence shall be attached by a copy of the decision of the appellate court.
      3. If the sentence specifies the need to put the question of depriving the convicted person of the state awards of the Republic of Kazakhstan, honorary, military, special or another title, class rank, diplomatic rank or qualification class, assigned by the President of the Republic of Kazakhstan, the court sentencing shall send a representation on depriving the convicted person of the state awards, these titles, class rank, diplomatic rank or qualification class, as well as a copy of the sentence and a certificate of its entry into force to the President of the Republic of Kazakhstan.
      4. The institution or body, executing the punishment shall immediately notify the court that issued the sentence about its execution. The institution or body, executing the punishment shall notify the court that issued the sentence about the place of detention of the convicted. A notice on the execution of the sentence of the appeal court shall be sent to the appropriate court of first instance.

Article 473. Notification of relatives of the convicted person
and civil claimant on the execution of the sentence

      1. After the entry into force of the sentence, under which the convicted in custody sentenced to the detention in the guardhouse or imprisonment, the administration of the place of detention shall notify the family of the convicted person about where he (she) is sent to serve his (her) sentence.
      2. The civil claimant shall be notified by the enforcement agent on the execution of the sentence in the case of satisfying of a civil claim.

Article 474. Provision for relatives a meeting with
the convicted

      Before applying to the execution of the sentence the presiding judge in the case or the Chairman of the court shall provide a spouse (wife), close relatives of the convicted in custody, upon their request, the possibility of visiting and telephone conversation with the convicted.

Article 475. Postponement of execution of the sentence

      1. Execution of the judgment of conviction of a person to community service, corrective labour, limitation of freedom or imprisonment may be postponed, if one of the following reasons:
      1) serious illness of the convicted person, preventing the execution of the punishment - until his (her) recovery;
      2) pregnancy of the convicted woman or if the convicted woman has young children and against men, alone raising young children - in the manner provided in Article 74 of the Criminal Code of the Republic of Kazakhstan;
      3) when an immediate serving of the punishment may entail serious consequences for the convicted or his (her) family because of fire or other natural disaster, serious illness or death of the only able-bodied member of the family or other emergencies - for a period specified by the court, but not more than six months, and in respect of the persons referred to in the second part of Article 76 of the Criminal Code of the Republic of Kazakhstan, - no more than three months.
      2. Payment of the fine and other amounts to be recovered from the convicted by a court sentence may be delayed or extended for up to six months, if its immediate payment is impossible for the convicted.
      3. The question of the postponement of execution of the sentence, if it is not resolved by the court in sentencing, shall be decided by the court that passed the sentence, or by the court, in whose district the sentence is executed at the request of the convicted, his (her) legal representative, close relatives, the defense counsel or by representation of the procurator or the body entrusted with the execution of the sentence.
      Postponement of execution of the sentence in respect of additional punishment is not allowed.

Article 476. Issues to be considered by the court in
execution of the sentence

      The jurisdiction of the court is to consider the following issues, related to the execution of the sentence:
      1) to replace in case of malicious evasion of punishment in the form of:
      Fine, imposed for a criminal infraction, - community service or arrest (Article 41 of the Criminal Code of the Republic of Kazakhstan);
      Fine, imposed for a crime - by imprisonment (Article 41 of the Criminal Code of the Republic of Kazakhstan);
      community service - arrest (Article 43 of the Criminal Code of the Republic of Kazakhstan);
      restrictions of freedom – imprisonment (Article 44 of the Criminal Code of the Republic of Kazakhstan);
      2) to replace in the event of circumstances preventing the execution of correctional labour, imposed for a criminal infraction involving community service or arrest, for committing a crime – by imprisonment (Article 42 of the Criminal Code of the Republic of Kazakhstan);
      3) to declare, termination of the search and election of the preventive measures against the persons sentenced to punishment not connected with isolation from society, hiding from the control and evading punishment;
      4) to change the type of institution of the correctional system, appointed by the sentence to a person, convicted to imprisonment in accordance with the penal law;
      5) on conventional pre-schedule relief from serving the punishment (Article 72 of the Criminal Code of the Republic of Kazakhstan), the replacement of the unserved part of the punishment with a milder punishment or reduction of term of the punishment (Article 73 of the Criminal Code of the Republic of Kazakhstan);
      6) on the abolition of conventional pre-schedule relief from serving the punishment (the seventh part of Article 72 of the Criminal Code of the Republic of Kazakhstan);
      7) on relief from punishment due to illness with or without the use of compulsory medical measures (Article 75 of the Criminal Code of the Republic of Kazakhstan), as well as the abolition of regulations for relief from punishment for the further execution of punishment, including in connection with the recovery;
      8) on cancellation of conditional condemnation or extend the period of probation control (Article 64 of the Criminal Code of the Republic of Kazakhstan);
      9) on abolition of fully or partially the previously established for the convicted to imprisonment duties (Article 44 of the Criminal Code of the Republic of Kazakhstan);
      10) to abolish the postponement of execution of the punishment (Article 74 of the Criminal Code of the Republic of Kazakhstan);
      11) to release from punishment due to the expiration of the limitation period of the judgment of conviction (Article 77 of the Criminal Code of the Republic of Kazakhstan);
      12) on the execution of the sentence in the presence of other unexecuted sentences, if it is not resolved in the most recent sentence (Article 60 of the Criminal Code of the Republic of Kazakhstan);
      13) set-off time of detention, as well as stay in medical institution (Article 62, 97, 98 of the Criminal Code of the Republic of Kazakhstan);
      14) on the extension, change or termination of the application of compulsory medical measures (Article 96, 98 of the Criminal Code of the Republic of Kazakhstan);
      15) on exemption from punishment or mitigation of punishment, changing the qualification of the acts, committed by the convicted, reducing the term of punishment, recidivism as a result of publication of the criminal law retroactive or abolishing criminal liability for the act committed, recognition by the Constitutional Council of the Republic of Kazakhstan of the law or other regulatory legal act applied by the court in sentencing, as well as the act of amnesty as unconstitutional (Article 6 of the Criminal Code of the Republic of Kazakhstan);
      16) to reduce the size of deductions from wages of the convicted to correctional labour in accordance with the penal legislation, as well as the installments and postponement of payment of the fine, other penalties of the convicted by a court sentence;
      17) on clarification of all sorts of doubts and uncertainties arising from the execution of the sentence;
      18) on termination of production in connection with the death of the convicted person;
      19) on consideration of complaints of the convicted persons to the actions and decisions of the officials of the correctional system facility, the procurator on the issues related to the execution of the sentence;
      20) on clearing of a criminal record.

Article 477. The courts, resolving the issues related to
the execution of the sentence

      1. Issues, related to the execution of the sentence, shall be resolved by the district and equivalent court, acting in the place of execution of the sentence, and in its absence - by a higher court.
      The same court deals with the issues related to the execution of the appellate sentence.
      Specialized inter-district courts do not consider these issues, except for the matters, referred to in the third part of this Article.
      2. The issue on clearing a criminal record is considered by the court, specified in the first part of this Article, acting at the place of residence of the convicted person.
      3. The issue of clarifying all sorts of doubts and uncertainties is considered by the court that passed the sentence.
      4. All materials and a copy of the court decision on the issues related to the execution of the sentence, after the entry into force shall be attached to the criminal case. If the court decision is reviewed by higher courts, the criminal case shall be also attached by the copies of the decisions of these courts.

Article 478. The procedure for resolving issues related to
the execution of the sentence

      1. The court shall consider the issues, set out in paragraphs 5), 16), 19) and 20) of Article 476 of this Code, at the request of the convicted person.
      2. The issues, referred to in paragraphs 1), 2), 3), 6), 8), 10), 12), 14) and 18) of Article 476 of this Code shall be considered by the representation of the institution or body, executing the sentence.
      3. The issues, referred to in paragraphs 4), 7), 9), 11), 13), 15) and 17) of Article 476 of this Code, shall be considered by the court at the request of the convicted person or by representation of the institution or body, executing the sentence.
      4. The Court shall consider the issues related to the execution of the sentence, alone in an open court session within one month from the date of receipt of the request with the participation of the convicted person. Consideration of the issues, specified in paragraphs 1), 2), 3), 6), 7), 8), 10), 14) and 17) of Article 476 of this Code, may be carried out without the participation of the convicted person.
      5. The issues, referred to in paragraph 5) of Article 476 of this Code, may be considered by the court at the request of the Procurator General of the Republic of Kazakhstan or his (her) deputy within the procedural agreement on cooperation.
      6. In considering by the court of the issues, related to the execution of the sentences of the convicted persons, the participation of the defense counsel is mandatory in the cases, stipulated by the first part of Article 67 of this Code.
      In cases of legal aid to the convicted persons by lawyers on the basis of the court decision, the payment of their work shall be performed in accordance with Article 68 of this Code.
      7. In considering the issue on release of the convicted person due to illness or placing him (her) in a medical institution the presence of a representative of the medical commission, which gave the conclusion is mandatory, and in the case of a forensic medical or forensic psychiatric examination the expert who gave a conclusion shall participate at the court session.
      8. When announcing the search of the probationer, the court indicates in the decision the beginning of stay of the time limit for probationary control and the time of its renewal.
      9. In considering the issue on conventional pre-schedule relief from serving the punishment in a court session an injured person shall have a right to participate or he (she) may be represented by his (her) representative.
      10. If the issue relates to the execution of the sentence in part of the civil claim, a civil claimant or his (her) representative shall be called the court session. The failure of these persons shall not preclude consideration of the case.
      11. The procurator shall participate at the court session.
      12. Consideration in court of the issues related to the execution of the sentence begins with the presentation by the convicted, the procurator or a representative of the institution or body, executing the sentence, the corresponding application. Then the presented materials are studied, the explanations of the persons who appeared at the court session, the opinion of the procurator are heard, after which the judge shall rule in the deliberation room.
      13. The protocol shall be kept during the court session.

Article 479. Consideration of applications for clearing
of a criminal record

      1. The issue of clearing of a criminal record in accordance with Article 79 of the Criminal Code of the Republic of Kazakhstan is resolved by the court at the place of residence of the person who served the punishment, at his (her) request.
      2. Participation at the court session of the person, against whom the application for clearing of a criminal record is considered, is mandatory.
      3. Consideration begins with the hearing of the explanation of the person, who filed the application, and then the presented materials are studied and the called persons are heard.
      4. In case of refusal to clear a criminal record, a repeated request about it may be brought before the court not earlier than one year after the date of the decision of refusal.

Article 480. Consideration of the issue on conventional
pre-schedule relief from serving the punishment or replacement
of the unserved part of the punishment with a milder punishment

      1. The issue of conventional pre-schedule relief from serving the punishment or replacement of the unserved part of the punishment with a milder punishment is considered at the request of the convicted person, as well as in the case specified in the fifth part of Article 478 of this Code.
      2. The institution or body, executing the punishment shall provide the court with materials relevant for making a lawful decision, including confirming the term of the served by the convicted punishment, imposed by a court judgment, details of compensation for their losses caused by the crime, the details that characterize the behavior of the convicted person while serving the sentence, including information on passing his (her) treatment for alcoholism and drug addiction and its results, the presence of other diseases and requiring compulsory treatment, relations with family members and others. The request of the Procurator General of the Republic of Kazakhstan or his (her) deputy shall be attached by the entered into force sentence, imposed under the procedural agreement on cooperation. The institution or body, executing the punishment, shall provide the court an opinion on the degree of correction of the convicted to date and the need of serving the whole sentence, or lack thereof. Also, the court shall be submitted by the institution or body executing the sentence, and by convicted the data on the intended place of residence of the convicted person after his (her) release, and his (her) term of employment (written consent of relatives, accommodation, places of work by the organization, bodies of local self-government).
      3. A convicted person shall have the right before the trial to examine the materials presented to the court, to submit his (her) explanations and evidence, make applications.
      4. When the representation raises the issue on replacing the unserved part of the punishment with a milder punishment, the institution or body executing the punishment, in addition to the information specified in the second part of this article, shall provide the court a on the form, the size of the punishment, which based on its degree of correction and individual qualities may be determined to the convicted to serve as an alternative.
      5. When considering the issue on conventional pre-schedule relief from serving the punishment or replacement of the unserved part of the punishment with a milder punishment, the participation at the court session of the convicted person, defense counsel, representative of the institution or body executing the sentence, the procurator is mandatory. The failure of the injured person, civil claimant and their representatives shall not preclude consideration of the application.
      6. After the preparatory part of the court session, accordingly the convicted or institution or body executing the punishment, sets out the application. Then the court examines the received materials and listens to the explanations of the present at the hearing persons. The convicted has the right to participate at the court session in the study of all the materials, to appear in court and express his (her) opinion on the issue considered.
      The procurator presents the court a reasoned opinion on the possibility of approval of the application or leaving it without satisfaction.
      7. After reviewing the court shall make a decision:
      1) on approval the application on conventional pre-schedule relief of the convicted from further serving of punishment or the application for replacement of the unserved part of the punishment with other milder punishment;
      2) to dismiss the application on conventional pre-schedule relief from serving the punishment or the application for the replacement of the unserved part of the punishment with other milder punishment;
      3) to dismiss the application on conventional pre-schedule relief from serving the punishment with the decision on the replacement of the unserved part of the punishment with other milder punishment.
      The decision to replace the unserved part of the sentence with another milder punishment, the court may adopt in satisfaction of the received about this application, and in dismissing of the application on conventional pre-schedule relief.

Article 481. Consideration of applications for release from
punishment due to illness

      1. The issue of release from punishment due to illness is considered at the request of the convicted person (his (her) legal representative or representative), or the institution or body, executing the punishment.
      2. The institution or body, executing the punishment shall provide the court with materials relevant for making a lawful decision, including confirming the term of the served by the convicted punishment, imposed by a court judgment, the details that characterize the behavior of the convicted person while serving the sentence, including information on passing his (her) treatment for alcoholism and drug addiction and its results, the conclusion of the medical commission on the presence of the convicted person of mental disorder or other serious illness that prevents penitentiary, the need for appropriate treatment and the impossibility of its realization in the penal system institutions.
      3. The institution or body, executing the punishment, shall present to the court information about the intended place of residence of the convicted person after his (her) release due to illness, and if the nature of the disease requires the use of him (her) in the cases provided by law of compulsory treatment – the name of the institution where the convicted person will be sent or placed.
      4. When considering the issue of release from punishment due to illness, the participation at the court session of the defense counsel, legal representative, the procurator, a representative of the institution or body, executing the punishment, the representative of the medical commission, which gave the conclusion, is mandatory. Where necessary, the expert who conducted the examination ordered by the court and gave the conclusion shall participate at the court session.
      The court investigates the compliance of the medical report with the established by the competent authority list of diseases that is the basis for release from punishment.
      The convicted shall participate at the court session, if the nature of his (her) illness shall not prevent it.
      5. After the preparatory part of the court session, accordingly the convicted (if he (she) is involved) or the institution or body executing the punishment, sets out the application. Then, the court examines the received materials and listens to the explanations of the present at the hearing persons. If necessary to specify the diagnosis and severity of illness, as well as to resolve other issues, requiring special knowledge, the court may appoint a forensic medical or psychiatric examination, including the repeated.
      6. As a result of consideration of the application, the court shall make a decision:
      1) to approve the application and release of the convicted from further serving the sentence due to illness with or without the use of compulsory measures of a medical nature;
      2) to dismiss the application, if the mental disorder or another serious illness shall not preclude the execution of punishment.
      7. In deciding on the application of compulsory medical measures after the release of the convicted person from punishment due to the presence of a mental disorder, the court resolves the following issues:
      1) whether the painful mental disorders of the convicted person do not represent a danger to him(her)self or others, or an opportunity for other harm;
      2) whether the application of compulsory medical measures, and what kind.
      Recognizing that the mental disorder of the convicted person does not a danger to him(her)self or others, or an opportunity for other harm, the court does not appoint the use of compulsory measures of a medical nature.
      The court decision should specify that after recovery of the convicted, the serving of his (her) sentence is renewed if the statute of limitations of the judgment of conviction is not expired. Time of the convicted spent at the compulsory treatment is included in the term of the sentence.

Article 482. Consideration of complaints of the
convicted persons

      1. The convicted shall have the right to appeal the court against the actions (inaction) and decisions of the institution or body executing the punishment that affect their rights and legitimate interests, as well as the procurator’s decision on matters related to the execution of the sentence, or the procurator’s refusal to meet their similar complaints. Consideration of complaints of the convicted persons is carried out by the district court at the place of punishment of the convicted.
      2. Participation at the court session of the convicted person and the person, whose actions are appealed, is mandatory.
      3. Consideration of complaints of the convicted persons is carried out in the manner provided in Article 106 of this Code.
      4. Upon review the judge shall make a decision in the deliberation room:
      1) on satisfaction of the complaint, invalidation of the appeal against actions (inaction) and decisions, and their cancellation;
      2) on leaving the complaint without satisfaction;
      3) on sending the complaints to the appropriate procurator for investigation of allegations of torture and other illegal acts, cruel treatment.

Article 483. The appeal and protest the judge’s decision

      Court decisions, taken in the resolution of issues related to the execution of the sentence may be appealed and protested in the appeal and cassation by the rules set out in Chapters 48, 49 and 50 of this Code.

Section 10 Proceedings for review of the court decisions,
entered into force

Chapter 52. Revision of judicial acts in judicial
supervision by the Supreme Court of the
Republic of Kazakhstan

Article 484. Judicial acts which may be reviewed in judicial
supervision after the entry into force

      1. Upon entry into force in the supervisory judicial board on criminal cases of the Supreme Court of the Republic of Kazakhstan on the grounds specified in Article 485 of this Code, the sentences, decisions of the courts of first and appeal instances may be reviewed only after their consideration of the cassation court, and the decision the court of cassation.
      2. In exceptional cases not covered in the previous courts, the sentences and decisions of the courts of first instance, appellate courts may be reviewed in supervisory instance by the representation of the Chairman of the Supreme Court of the Republic of Kazakhstan or the protest of the Procurator General of the Republic of Kazakhstan in connection with the establishment of the data that the judicial act may lead to serious irreversible consequences for human life, health or the economy and security of the Republic of Kazakhstan.
      3. The entered into force decisions of the courts in cases of criminal infractions and minor offences, as well as decisions in other cases, made in the trial on the issues specified in the second part of Article 10 of this Code relating to the procedure and method of examination of evidence, motions of participants, compliance with the order in the courtroom, in connection with the rejection of the charge of the public and the private prosecutor, on issues related to the execution of the sentence and the decisions of the investigative judge may not be reviewed in the supervisory instance.

Article 485. Grounds for review of the court sentences and
decisions, entered into legal force in the judicial supervision

      1. The grounds for review of the sentences and decisions, entered into legal force in the judicial supervision, shall be the admitted in the investigation or judicial consideration of the case violations of constitutional rights and freedoms of citizens or the incorrect application of the criminal and criminal procedural law, which entail:
      1) conviction of an innocent person;
      2) unjustified acquittal or dismissal of the case;
      3) incorrect qualification of actions of the convicted person;
      4) deprivation of the injured person’s right to judicial protection;
      5) improper sentencing or inadequacy of the sentence to the gravity of a criminal offence and the personality of the convicted person;
      6) the wrong resolution of the civil claim, except the abandonment of the claim without consideration;
      7) illegal or unreasonable imposition of regulations on newly discovered circumstances or the application of compulsory medical measures.
      2. The entered into legal force judicial acts are also reviewed in judicial supervision, if:
      1) a judicial act affects the state or public interests, state security or may lead to serious irreversible consequences for human life and health;
      2) the person is convicted to death or life imprisonment by the sentence;
      3) there is a representation to eliminate any inconsistencies in the case provided for by Article 467 of this Code, a decision of the judge or the supervisory board of the Supreme Court of the Republic of Kazakhstan, issued by newly discovered circumstances.
      3. The entered into force sentences of the death penalty are re-reviewed in judicial supervision after the lifting of the moratorium on the death penalty.
      4. The entered into force judicial acts are re-reviewed again in the order of supervision by representation of the Chairman of the Supreme Court of the Republic of Kazakhstan or the protest of the Procurator General of the Republic of Kazakhstan, made in connection with the establishment of the data that the decision taken may lead to serious irreversible consequences for human life, health or the economy and security of the Republic of Kazakhstan.

Article 486. Persons, having a right to apply for review
in judicial supervision of the entered into force sentences and
decisions of the courts, to protest the entered into force
sentences and decisions of the court

      1. Appeals for review in judicial supervision of the entered into force sentences and decisions are the petitions and may be filed by participants in the process, having a right to file appeal and cassation complaints.
      2. The Chairman of the Supreme Court of the Republic of Kazakhstan shall have the right to bring the representation to review in the judicial supervision of the entered into force sentences and decisions on the grounds stipulated in paragraph 1) of the second part of Article 485 of this Code.
      3. The Procurator General of the Republic of Kazakhstan on its own initiative or the request of the persons, mentioned in the first part of this Article shall have the right to protest for review in judicial supervision of the entered into force sentences and decisions.
      When deciding on a protest by way of supervision the Procurator General of the Republic of Kazakhstan or on his (her) behalf his (her) deputies or the procurators of the regions and equivalent procurators shall have a right to request from the court a criminal case. The court executes the procurator’s request within seven days from the date of receipt or reports the inability to comply with the request in view of the finding of the case to another court.

Article 487. Terms of the appeal in judicial supervision of the
court decisions, entered into force

      1. Filing an application, protest, representation for review in judicial supervision of the enforceable conviction based on the innocence of the convicted person, as well as due to the necessity to apply the law on a less serious criminal offence, for the severity of the punishment or for other reasons, involving the improvement of the situation of the convicted person, is not limited by terms.
      2. Filing an application, protest, representation for review in judicial supervision of the enforceable judgment of acquittal and conviction based on the need to apply the law on a more serious criminal offence, with the softness of the punishment or otherwise entailing deterioration of the situation of the convicted person, or the court decision to dismiss the case, is allowed within one year of their entry into force.
      Restoring the deadline, if it is missed, is not permitted. Preliminary consideration of the application, protest, representation and consideration of the case in the supervisory instance with the decision, deteriorating the situation of the convicted, acquitted on a timely entered supervisory application, protest, representation may be exercised by the court, and after one year of the entry into force of the contested judicial act.

Article 488. The procedure for filing an application, protest,
representation for review of the entered into force sentence,
decision of the court

      1. The application, protest, representation for ??review of the entered into force judicial acts shall be filed in writing to the Supreme Court of the Republic of Kazakhstan. The application, protest, representation, except for the circumstances referred to in Article 423 of this Code shall indicate any violations of the law committed during the proceedings and how these violations affected the court decisions, and whether there are listed in Article 485 of the Code grounds to review the contested judicial act. The application shall indicate the consideration of them with or without the participation of persons who filed them.
      2. The application, protest, representation shall be accompanied by a copy of the contested court decisions and other materials confirming the validity of the arguments of the application, protest, representation.
      3. The applications to the entered into force sentences, decisions of the courts addressed to other state bodies or public organizations, may not be taken to the production of the Supreme Court of the Republic of Kazakhstan.
      4. Filing an application, protest, representation for review of the entered into force judicial acts shall not suspend their execution, except in cases provided for in Article 493 of this Code.
      5. The person filed the application or protest, representation before the court session shall have a right to change or add new arguments to his (her) application, protest, representation. At the same time the additional protest of the procurator or his (her) statement of change the protest, as well as the additional application of the injured person, private prosecutor or representatives, filed after the established by the second part of Article 487 of this Code term of appeal shall not be questioned about the deteriorating the situation of the convicted person if such a requirement is not contained in the original protest, application.
      6. The application, protest, representation before consideration of the case in the supervisory authority may be withdrawn by the person filed it. The convicted person has the right to withdraw an application, filed in his (her) behalf by his (her) defense counsel or legal representative.

Article 489. Return of applications, protests, representations
without consideration

      1. The applications, protest, representations for review of the entered into force judicial acts shall be returned to the persons, filed them on the following grounds:
      1) the applications, protest, representations does not conform to the requirements of Article 488 of this Code;
      2) the applications, protest, representations are filed by persons, who in accordance with Article 486 of this Code have the rights to appeal, protest the entered into force judicial act;
      3) the applications, protest, representations are filed after the deadline, specified in the second part of Article 487 of this Code;
      4) before consideration of the applications, protest, representations on the merits, they are withdrawn;
      5) the applications, protest, representations, filed to judicial acts which, in accordance with the third part of Article 484 of this Code shall not be subject to review by way of judicial supervision;
      6) there is a decision of the supervisory board to refuse to reconsider the judicial act at the request of the same person and the same grounds, except in cases provided by the fourth part of Article 485 of this Code, or a making a decision on initiation of supervisory review by the Chairman of the Supreme Court of the Republic of Kazakhstan.
      2. At elimination of the deficiencies referred to in paragraphs 1) and 2) of the first part of this Article that gave rise to return applications, protest, representations, they may be filed again on a general basis.

Article 490. Preliminary consideration of the application for
review of the entered into force judicial acts

      1. The application for review of the entered into force judicial acts on behalf of the Chairman or the Chairman of the supervisory judicial board of the Supreme Court of the Republic of Kazakhstan shall be previously studied by the reporting judge, who in a period not more than ten days from the date of receipt of the application in the absence of grounds for the return without consideration seeks the criminal case.
      2. The period of one month from the date of submission of the criminal case the application shall be previously considered by the court in an open court session by three judges. Applications of several persons, referred to in Article 486 of this Code, filed by one and the same case may be combined and dealt with in the order specified in one court session.
      3. Prior to the preliminary consideration of the application the reporting judge shall have a right to instruct the relevant specialists to prepare a scientific opinion on the rules of the laws applied to this criminal case. For an explanation of the scientific opinions the relevant specialists may be called to a meeting of the supervisory judicial board.
      4. On the recommendation of the Chairman of the Supreme Court of the Republic of Kazakhstan and the protest of the Procurator General of the Republic of Kazakhstan, introduced on the grounds specified in the fourth part of Article 485 of this Code, the representation of the Chairman of the cassation board made pursuant to the second part of Article 467 of this Code, the rules of the preliminary consideration shall not apply to and they are considered directly by the supervisory judicial board.
      5. To the supervisory protests of the procurator, as well as the applications of persons, sentenced to death or life imprisonment, or their defense counsels the rules of preliminary consideration shall not apply and they are considered directly by the supervisory judicial board, which at first considers the availability of the provided for in Article 485 of this Code grounds for review of the judicial act by way of supervision, after which examines the procurator’s protest, the applications on the merits. Without establishing these grounds, the board makes a decision to refuse the review of the judicial act.
      6. The procurator, as well as the person who filed the application shall be notified on the date of the preliminary consideration, but their absence does not interfere with the decision of the question of the presence or absence of grounds for the initiation of proceedings for judicial supervision.
      7. Preliminary consideration of the application on the availability of grounds to initiate supervisory proceedings is carried out in an open court session. After explaining the present persons their procedural rights and obligations, determining the question of whether their challenges, applications and their resolution, the court shall hear the explanations of the present persons, the opinion of the procurator. The person who filed an application for review of the judicial act by way of supervision acts first.

Article 491. Decisions, adopted on the results of the
preliminary consideration of the application

      1. Based on the results of preliminary consideration of the application, the court shall make a decision:
      1) to initiate supervisory proceedings for review of the contested judicial act and considering an application in the supervisory authorities;
      2) on refusal to initiate supervisory proceedings for review of the contested judicial act;
      3) to return the application without consideration on the grounds, specified in Article 489 of this Code.
      2. The decision, made by the court on the results of preliminary consideration of the application shall specify:
      1) the date and place of the decision;
      2) the names and initials of judges of supervisory judicial board of the Supreme Court of the Republic of Kazakhstan, considered the application, and other persons who participated in the preliminary consideration of the application;
      3) the case on which the decision is made, specifying the contested judicial act;
      4) the person who filed the application;
      5) the reasons given in the application;
      6) an indication of the presence or absence of grounds to initiate supervisory proceedings or return the application without consideration.
      3. The operative part of the decision shall specify one of the decisions referred to in the first part of this Article, taken by the judges. If a decision to initiate supervisory proceedings is made, the operative part of the decision shall specify the date, time and place of the hearing to consider the application on merits, agreed with the Chairman of the supervisory judicial board.
      4. The person, filed the application shall be notified on the results of preliminary consideration of the application.
      5. The decision, made based on the results of preliminary consideration of the application, may not be appealed, but it does not prevent the repeated filing of the application by the same person, but on other grounds, as well as filing of the applications by other persons referred to in Article 486 of this Code, on the supervisory consideration of the same judicial act.
      6. The decision to initiate supervisory proceedings for review of the decision to refer the case for a new trial may not be accepted, if by that time the time of acceptance by the court of case to its production is expired, and the hearing is appointed.

Article 492. The appointment of hearing of the
supervisory instance

      1. A judge of the board of the Supreme Court of the Republic of Kazakhstan after obtaining a court decision to initiate supervisory proceedings for review of the contested judicial act or the receipt of the representation of the Chairman of the Supreme Court of the Republic of Kazakhstan or the protest of the Procurator General of the Republic of Kazakhstan within three days, sends the parties a copy of the application, representation, protest for review of the entered into force judicial acts, a notice of consideration of the case in the supervisory instance, indicating the date, time and place of the hearing.
      2. In preparation for the judicial review of the application, the judge of the board of the Supreme Court of the Republic of Kazakhstan shall have a right to request from the relevant expert a scientific opinion on the rules of the laws, applied to this criminal case, and if necessary bring it to the court.
      3. The case in the supervisory instance shall be considered within one month from the date of referral to the supervisory judicial board of the Supreme Court of the Republic of Kazakhstan with the decision to initiate supervisory proceedings or the receipt of the representation of the Chairman of the Supreme Court of the Republic of Kazakhstan or the protest of the Procurator General of the Republic of Kazakhstan. This time period due to the complexity or large volume, as well as for good reason may be extended by the decision of the court of supervisory instance, but each time no more than one month.

Article 493. Suspension of execution of sentence,
decision of the court

      The Chairman of the Supreme Court of the Republic of Kazakhstan, the Procurator General of the Republic of Kazakhstan simultaneously with certiorari may suspend the execution of the sentence, decision of the court for inspection in the order of supervision for a term not exceeding three months.

Article 494. The procedure of consideration of the case in the
supervisory instance, the decisions of the court of
supervisory instance

      1. The court session of the supervisory instance is opened by the announcement of the presiding judge on what court decision and on whose application, representation, protest is reviewed, the composition of court, and the participants in the process present in the courtroom. The absence of the person who filed the application, protest, and duly notified of the time and place of the consideration of the case shall not preclude the possibility of continuing the trial. Participation of the procurator in the court session of the supervisory instance is mandatory, except in cases of private prosecution. The case may be discussed without the participation of the duly notified parties in the event of their failure to appear or the receipt from them the respective application. In the cases provided for in Article 495 of this Code, the participation of a defense counsel is mandatory.
      2. After the resolution of the declared challenges and applications, the court takes a decision to continue the hearing or its suspension. When the court decides to continue the hearing, the presiding judge shall call the participant in the process, who filed the application, protest. If there are several participants, they shall communicate to the court the order of their performances. If they do not reach agreement, the order shall be determined by the court.
      3. The person, who filed the application, protest, states the reasons and arguments, by virtue of which, in his (her) opinion, the contested decision is unlawful, unreasonable, and unfair. Then, the presiding judge calls the other participants in the process.
      4. If the application is filed by the defense party, the participants in the process representing them shall act first. The order of their acting is determined either in accordance with their agreement, or in the absence of such by a court decision.
      5. The procurator, involving in the court of supervisory instance expresses an opinion on the considered supervisory complaints, sets out the reasons stated in the protest and gives an opinion on the legality of judicial acts in the case.
      6. If the application, protest is filed by the prosecution party, their representatives speak first, after which the presiding judge shall call upon other participants in the process.
      The motives and arguments, set out in the representation of the Chairman of the Supreme Court of the Republic of Kazakhstan or the protest of the Procurator General of the Republic of Kazakhstan, on behalf of the said persons in the hearing may be set out, respectively, by the judge of the Supreme Court of the Republic of Kazakhstan, who is not member of the board dealing with the case, the relevant procurator.
      7. As a result of the consideration of the case by way of supervision, the court in compliance with the requirements of Article 389 of this Code shall make one of the following decisions in the deliberation room:
      1) on leaving the sentence of the court of first sentence, appellate court, the decision of the court of first instance, appeal, cassation and supervisory instances unchanged, and the application, representation, protest on their review without satisfaction;
      2) on changing the sentence of the court of first instance, appellate courts, the decision of the court of first instance, appellate, cassation and supervisory instances;
      3) on annulment of the sentence and all subsequent decisions and dismissal of the case;
      4) on annulment of the sentence and all subsequent decisions, and sending the case for a new trial in the court of appeal or the court of first instance, if the case is considered in the court of first instance by jury;
      5) on annulment of the decision, made by the appellate, cassation and supervisory instances by changing the court sentence or leaving it unchanged.
      The decision to send the case for a new trial may not be canceled, if under the case, adopted by the appropriate court proceedings is initiated a trial.
      8. When considering the representation of the Chairman of the Supreme Court of the Republic of Kazakhstan and the protest of the Procurator General of the Republic of Kazakhstan at first it is considered the question about the presence of the grounds provided for in Article 485 of this Code for review of the judicial act by way of supervision, then they are considered on merits. Without establishing these reasons, the board makes a decision to refuse the consideration of the judicial act.
      9. The grounds for canceling or changing the sentence are the circumstances, specified in Article 433 of this Code.
      10. Decisions of the courts of first instance, appeal, cassation and supervisory instances are subject to cancellation or change, if it is found that by this decision is made unlawful and unjustified decision by the court of first instance, or unlawfully and unreasonably canceled or changed by a higher court the earlier decisions or sentence in the case, or if in the consideration of the case in a higher court it is made a fundamental breach of the law that affected or could affect the correctness of the decision made.
      11. If the illegal termination of the case or mitigation of the sentence to the convicted is made in the proceedings on cassation, supervisory instances, the Supreme Court of the Republic of Kazakhstan shall have the right to cancel the cassation, the supervisory decision and uphold with or without changing the sentence of the court of first and appellate instances, the appellate decision.
      12. The court may mitigate the punishment of the convicted or apply the law on a less serious criminal offence.
      Upon termination of the criminal case or sentencing, not related to deprivation of liberty, the convicted in the custody shall be released immediately from detention. The court shall immediately forward the institution or body carrying out the sentence, a copy of the court decision and telegraphic communication of the decision made to bring to the attention of the convicted and its execution.
      13. In cases, where the case is sent for retrial, the court shall not: prejudge questions and conclusions that may be made by the court under the new consideration of the case, prejudge the question of proof or unproven accusations, the reliability or unreliability of one or another proof and the advantages of one evidence over the other, the application by the court of first instance of one or another criminal law and punishment, as well as prejudge the conclusions that may be made by the court.
      14. The court hearing the case, examines the legality, validity and fairness of the sentence of the court in full. Changes in the judicial act on the grounds not specified in the application, protest, as well as for other convicted persons, in respect of which the application, the protest is not brought, is permitted only when changing the classification of the offence, committed in complicity with the convicted in respect of which the application is submitted, if it does not deteriorate their position. The decision on the deteriorating the position, the court may only take on those convicted, which stated in a protest of the procurator or the application. The court may not deteriorate the position of the convicted person at his (her) own request or the request of his (her) defense counsel or representative.
      The court may not establish or consider the facts that have not been the subject of litigation, as proved.
      15. Following consideration of the representation of the Chairman of the cassation board, introduced in the case provided for by the second part of Article 467 of this Code, the supervisory instance shall cancel one of the decisions of the cassation board leaving the other decision, or cancel both decisions and send the case to a new consideration of the cassation.
      16. Consideration of the representation of the Chairman of the Supreme Court of the Republic of Kazakhstan or the protest of the Procurator General of the Republic of Kazakhstan begins with their report or their authorized persons on the grounds for making representations or protest, provided for by the second part of Article 484 of this Code. In the absence of these grounds, board makes a decision on refusal to reconsider the case, and if there are grounds it continues to consider the case on merits.
      17. Consideration of the case on merits begins with the report of the judge of the supervisory board on the circumstances and the reasons for the representation or the report of the procurator on the circumstances and reasons of the protest. A further consideration of the case is carried out by the rules provided in this Article.
      18. On the representation of the Chairman of the Supreme Court of the Republic of Kazakhstan or the protest of the Procurator General of the Republic of Kazakhstan, the supervisory board on the available in the criminal case materials and further submissions of the parties shall fully verify the correctness of establishing the facts of the case and the application of criminal law, compliance with the rules of criminal procedure law in the proceeding of the case, the legality and validity of the sentence or the decision of the court of first instance, the appeal and cassation instances.
      19. Following consideration the supervisory board shall take one of the decisions, referred to in the seventh part of this Article, in the form of a decision. The decision shall comply with the requirements provided for in Article 496 of this Code, shall be signed by the presiding judge and all the judges comprising the court.
      20. Consideration of the case after abolition of the sentence, the court decision and appealing, protesting the judicial acts, made in the new trial, shall be carried out in accordance with Articles 497 and 498 of this Code.

Article 495. Grounds for mandatory participation of a defense
counsel in the court of supervisory instance

      Participation of the defense counsel at the hearing of the supervisory instance is mandatory in the cases, provided for by the first part of Article 67 of this Code.
      In such cases the issues related to the invitation, appointment and replacement of the defense counsel, his (her) remuneration shall be settled in the manner, provided in Article 68 of this Code.

Article 496. Content of the decision of the court of
supervisory instance

      Decision of the court of supervisory instance shall comply with the requirements of this Code for appellate ruling. The decision of the court of supervisory instance shall be signed by all the judges that made a decision on the case.

Article 497. Consideration of the case after the cancellation
of the sentence and decision of the court

      1. After the cancellation of the sentence or decision of the court in the supervisory instance, the case shall be considered in a general manner. Instructions of the court of supervisory instance are mandatory at reconsideration of the case by the lower court.
      2. The increase of punishment or application of law on a more serious criminal offence in the consideration of the case by the court of first instance, appellate court is permitted only on the condition that the original sentence or decision is canceled in the supervisory instance due to the softness of the punishment, or in connection with the need to apply the law on a more serious criminal offence. The sentence of the appellate court in the new proceedings may be appealed and protested in a general manner.
      3. The sentence, decision made in the new proceedings in connection with the cancellation of the previous ones, may be reviewed by higher courts in a general manner, regardless of the motives for which the first sentence or court decision is canceled.

Article 498. Filing an application, protest to review the
sentence and decision of the court, made under the new
consideration of the case

      The application, protest to review in the supervisory instance of a new sentence or decision, made in connection with the cancellation of the previous ones, may be filed on a general manner, regardless of the motives for which the first sentence or decision of the court is canceled.

Chapter 53. The renewal of the criminal proceedings on
the newly discovered circumstances

Article 499. Grounds for the renewal of criminal proceedings

      1. The entered into force sentence, decision of the court, including the issued in the manner provided by the Chapter 71 of this Code, may be canceled and the proceedings in a criminal case or the application for confiscation in accordance with the procedure, stipulated by Chapter 71 of this Code, is renewed on newly discovered circumstances.
      2. The grounds for renewal of the proceedings on newly discovered circumstances shall be:
      1) the established by the entered into force sentence of the court the deliberate falsity of the testimony of the injured person or witness, expert opinion, as well as forgery of material evidence, protocols of investigative and judicial actions and other documents or knowingly incorrect translation, which led to the resolution of illegal or unreasonable sentence or decision;
      2) the established by the entered into force sentence of the court the criminal actions of an interrogating officer, investigator or procurator, which led to the resolution of illegal and unreasonable sentence, decision;
      3) the established by the entered into force sentence of the court the criminal actions of the judges, committed by them in the consideration of the case;
      4) the established by the verification or investigation in accordance with the procedure provided for in Article 502 of the Code, and stated in the conclusion of the procurator other circumstances, unknown to the court at sentencing, the definitions which by themselves or in conjunction with the previously established circumstances indicate the innocence of the convicted or committing by them the other on the severity criminal offence than the one for which he (she) was convicted or the guilt of the acquitted person or persons against whom the case is terminated;
      5) recognition by the Constitutional Council of the Republic of Kazakhstan the law or other regulatory legal act, which applied by the court in making the judicial act, as unconstitutional;
      6) exemption from criminal liability for the crime, which served as the basis for the confiscation in the procedure stipulated by Chapter 71 of this Code, on the basis of the entered into force judgment of acquittal of the court or the decision to terminate the criminal prosecution in the absence of an event or elements of a criminal offence or the partial or total non-use of confiscation of property in the sentence of the court that considered the case on merits;
      7) the will of the convicted person in respect of whom the case was heard in the manner provided by paragraph 2) of the second part of Article 335 of this Code, in the case of his (her) appearance before the body, conducting the criminal proceedings.
      3. The circumstances, listed in paragraphs 1), 2) and 3) of the second part of this Article, may be established, in addition to the sentence, by the decision of the court, procurator, investigator or interrogating officer on the termination of criminal case due to the statute of limitations, as a result of an amnesty act, in connection with the death of the accused, or failure to reach the age of criminal liability.

Article 500. Court decisions in criminal cases, to be reviewed
on newly discovered circumstances

      According to newly discovered circumstances:
      1) the judgment of conviction;
      2) the judgment of acquittal;
      3) the decision to terminate the case;
      4) the decision on confiscation of property before the court sentence, may be reviewed.

Article 501. Terms of the renewal of production

      1. Review of the judgment of conviction or the decision on confiscation of the property before the sentencing of the court, on newly discovered circumstances in favor of the convicted, acquitted person is not limited by any terms.
      2. The death of the convicted person is not an obstacle to the renewal of production on newly discovered circumstances for the purpose of rehabilitation.
      3. Review of the judgment of acquittal, the decision to terminate the case, as well as the review of the judgment of conviction on the grounds, deteriorating the position of the convicted person, shall be permitted only within the period of limitations for criminal prosecution and not later than one year from the date of opening of the new circumstances.
      4. The day of opening of the new circumstances shall be:
      1) the date of entry into force of the sentence, decision in respect of persons, who are guilty of perjury, submitting false evidence, wrong translation or criminal actions, committed in the course of the investigation or consideration of the case, in the cases provided for in paragraphs 1), 2) and 3) of the second part of Article 499 of this Code;
      2) the date of adoption of the final decision of the Constitutional Council of the Republic of Kazakhstan on recognition of the law or other regulatory legal act as unconstitutional in the case, referred to in paragraph 5) of the second part of Article 499 of this Code;
      3) the date of the conclusion of the procurator based on the results of the verification or investigation in accordance with paragraph 4) of the second part of Article 499 of this Code.

Article 502. The procedure for initiation of proceedings
on newly discovered circumstances

      1. The right to request for initiation of proceedings on newly discovered circumstances belongs to the convicted, acquitted persons, the injured person or their legal representatives, defense counsels, as well as the procurator. The request is brought to the court that issued the sentence, decision.
      2. Grounds for initiating proceedings on newly discovered circumstances shall be the applications of citizens, including participants of the present case, the messages of officials of organizations, as well as the data obtained during the investigation and consideration of other criminal cases.
      3. If there is a reference in the received application, statement or message to the presence of a court sentence, decision, issued in the circumstances referred to in paragraphs 1), 2), 3) and 6) of the second part of Article 499 of this Code, the court by its decision shall initiate proceedings due to the newly discovered circumstances, conduct the judicial proceedings on the rules established by this Code, with the reclamation of the relevant procedural documents from the bodies of criminal prosecution and the court.
      4. If the application, statement or message indicates other circumstances referred to in paragraph 4) of the second part of Article 499 of this Code, the court shall send materials to the procurator for organization of the investigation. In the investigation of the newly discovered circumstances, the interrogations, examinations, expertizes, seizure and other investigative actions may be made in compliance with the rules of this Code.
      Following the investigation, the procurator sends to the court the verifying materials and its opinion on the presence or absence of grounds for review of the judicial acts.

Article 503. The actions of the procurator at the end of
inspection or investigation

      1. The procurator at the end of inspection or investigation of the entered him (her) applications, appeals if there are grounds for reopening of the criminal case on newly discovered evidence, shall apply by the appropriate application to the court, competent to consider the renewal of the proceedings in case. The application shall be sent with the case materials, which are attached by a copy of the sentence in the cases provided for in paragraphs 1), 2) and 3) the second part of Article 499 of this Code, and the materials of the investigation in the cases, provided for in paragraph 4) of the second part of the same Article.
      2. Finding no grounds to initiate an application for initiation of the proceedings on newly discovered circumstances, the procurator refuses it by his (her) reasoned decision. A copy of the decision shall be sent to the applicant within three days, explaining his (her) right to appeal the decision to a higher procurator or self-refer in court to initiate proceedings on newly discovered circumstances.

Article 504. The order of consideration by the court of
applications for renewal of proceedings on newly
discovered circumstances

      1. Application for renewal of proceedings on newly discovered circumstances shall be considered by a single judge of the court of first instance that issued the sentence, decision. If the court of appeal, cassation and supervisory courts make a sentence, the review of court decisions shall be carried out respectively by a single judge of the appellate or cassation court, and in supervisory instance - by three judges of the Supreme Court of the Republic of Kazakhstan.
      2. The applicant, his (her) representative, defense counsel, procurator, other participants in the process and persons, called to the hearing shall participate at the court session. The absence of these persons, properly notified about the time and place of the trial, shall not preclude consideration of the application. If necessary, the court may oblige them, as well as other persons to appear at the hearing. Participation in the trial of the convicted person in custody may be provided with the use of scientific and technological means in the video mode.
      3. After reviewing the challenges and applications, the applicant who presents an application on the grounds for review of the judicial act on newly discovered circumstances, or the procurator in applying for the court with the appropriate application shall act first, then the court shall hear the speech of others who appeared at the hearing, explore the materials, submitted by the applicant, the procurator on the results of inspections or investigations. If the application (petition) or message indicates other circumstances that require inspections and investigations, the court shall send it to the procurator for the organization of inspections or investigations. According to their results, the procurator sends the court the checking materials and its opinion on the presence or absence of grounds for review of the judicial acts.
      4. At the end of the trial, the court shall make a decision in the deliberation room.
      Footnote. Article 504, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 505. The court decision, issued following consideration
of the application for review of judicial acts on newly
discovered circumstances

      1. After considering the applications for review of judicial acts on newly discovered circumstances, the court shall make one of the following decisions on:
      1) satisfying the application;
      2) leaving the application without satisfaction.
      2. The court shall issue a decision on satisfying the application, if in considering it is established the circumstances provided for by the second part of Article 499 of this Code, and they are preceded by, or led to the imposition of illegal or unreasonable sentence, decision of the court. In such cases, the court shall indicate in the decision the abolition of the relevant entered into force judicial act and send the case for a new investigation or consideration. If the new investigation or court hearing is not required, the court shall terminate the proceedings with an indication of the grounds for termination.
      When satisfying the application for review of the decision on confiscation of the property on the newly discovered circumstances, the court cancels the decision said.
      3. The court leaves the application for review of the entered into force judicial act without satisfaction, if the circumstances specified therein are not confirmed or if they occurred, but did not affect the legality and validity of the sentence, decision.
      4. The decision of the court, issued following the consideration of the application for reopening of the case on newly discovered circumstances, shall be read out at the exit of the deliberation room of the court, and notified to the interested parties who are not present at the same time, with the explanation of the procedure for its appeal, protesting. A copy of the decision shall be sent to the procurator and the person who made the request. A copy of the decision shall be sent to the other interested parties on their request.
      5. The decisions of the court of first instance, the appeal and cassation instances, issued on the basis of consideration of the application for reopening of the case on the newly discovered circumstances shall enter into force after the expiration of fifteen days from the date of their issuance, and if they are appealed, protested and upheld by a higher court on the day of issuance of the decision by the higher court. The decision, made by the Supreme Court of the Republic of Kazakhstan shall not be appealed, protested, and shall enter into force from the moment of its announcement. The decision of the higher court on leaving without change, cancel or change the appealed decision shall be final and shall not be subject to further appeal and protest.

Article 506. The court decision, issued following consideration
of the request of the procurator for review of judicial acts on
newly discovered circumstances

      1. After considering the procurator’s request to reopen the case on newly discovered circumstances, the court shall make one of the following decisions on:
      1) satisfying the request and abolition of the sentence or decision of the court and transfer the case for an investigation or a new trial;
      2) satisfying the request and abolition of the sentence or decision of the court to terminate the case, and if it is not required an investigation or trial, for a final decision on the case;
      3) reject the request.

Article 507. Review of court decision and production after the abolition of court decisions

      Footnote. Title of Article 507, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

      1. Complaints, protest at the decisions of the court of first instance, appeal and cassation instances, made following consideration of the application for reopening of the case on newly discovered circumstances may be filed by the persons specified in the first part of Article 502 of this Code, to the appropriate higher court within fifteen days from the date of issuance.
      2. Consideration of complaints, protests against these decisions by a higher court shall be carried out in the manner provided for the consideration of appellate, cassational complaints, protests. The decision of the higher court on leaving without change, cancel or change of the appealed decision shall be final and shall not be subject to further appeal, protest.
      3. The investigation and trial of the case after the abolition of court decisions on it due to new circumstances shall be made under the general procedure, established by this Code.
      In the case of satisfying of the application for review of the entered into force judicial act, issued with the jury on newly discovered circumstances with sending the case for retrial to the stage of the preliminary hearing, the court at the new trial shall hold a preliminary hearing and, depending on the will of the defendant shall decide a new trial with the jury or without their participation. If the judicial act is canceled with the direction for a new trial from the stage of the main trial, the court shall appoint the main trail, conduct the formation of a new jury and investigate the case in accordance with the provisions of Chapter 65 of this Code.
      Footnote. Article 507, as amended by the Law of the Republic of Kazakhstan dated 07.11.2014 No. 248-V (shall be enforced from 01.01.2015).

Article 508. Civil claim when reopening of the case on newly
discovered circumstances

      In the event of quashing of the sentence due to newly discovered circumstances the civil claim, brought in the initial consideration of the criminal case shall be reviewed on a general basis. The reopening of the case only in part of civil claim shall be allowed only in civil proceedings.

Section 11. Special proceedings

Chapter 54. Judicial proceedings for the application
of compulsory medical measures to insane

Article 509. Grounds for proceedings for the application
of compulsory medical measures

      1. Proceedings for the application of compulsory medical measures, referred to in Article 93 of the Criminal Code of the Republic of Kazakhstan shall be carried out in cases against the persons, committed the prohibited by the criminal law act in a state of insanity or have mental health problems after committing the act, prohibited by the criminal law that make it impossible to appoint or execute punishment.
      2. Compulsory medical measures shall be appointed only when the painful psychiatric disorders are associated with danger to themselves or others, or the possibility of causing other significant harm.
      3. Proceedings for the application of compulsory medical measures shall be determined by the general rules of this Code and the provisions of this Chapter.

Article 510. Circumstances to be proven

      1. For the cases against the persons, referred to in the first part of Article 509 of this Code a preliminary investigation is mandatory.
      2. The following circumstances shall be clarified in the preliminary investigation:
      1) the time, place, method and other circumstances of the committed act;
      2) committing the act, prohibited by the criminal law, by the person;
      3) the nature and extent of the damage, caused by the act;
      4) the behaviour of the person, who committed the act, prohibited by the criminal law, as before its committing, and after it;
      5) the presence of the person a mental disorder in the past, the extent and nature of the mental illness at the time of committing the act, prohibited by the criminal law, or during the consideration of the case.

Article 511. Security measures

      1. Preventive measures may not be applied to the persons who committed the acts, prohibited by the criminal law and who have mental illness.
      2. The following security measures, if necessary, shall be applied to these persons:
      1) the transfer of a patient under the care of relatives, guardians, care-givers notifying the health authorities;
      2) the placement in a special medical organization providing psychiatric care.

Article 512 Transfer under the care of relatives,
guardians, care-givers

      1. Since the establishment of the fact of mental illness, the body conducting the criminal proceedings cancels application to that person of the previously chosen preventive measure, and shall rule on the application to him (her) the security measures.
      2. If a diseased person is not a danger to him(her)self or others, he (she) may be transferred under the care of the relatives, guardians, care-givers with their consent notifying the health authorities.
      3. In case of refusal of persons, referred to in the second part of this Article to care over the diseased person or in the cases provided for in Article 513 of this Code in respect of the diseased person may be applied a security measure as placement in a medical organization.

Article 513. Placement in a specialized medical organization

      1. Application of the body conducting the investigation of the case, agreed with the procurator, on placement of a person in a medical organization in connection with the need to apply security measures to the person shall be considered by the investigating judge, who makes a decision.
      2. The investigating judge according to the nature of the disease, a danger to him(her)self or others, the recommendations of a psychiatric expert shall decide and in satisfying the application shall specify in the decision the type of medical organization, providing mental health care, where placed the person in respect of whom this type security measures is applied, as well as on the abolition of the previously applied preventive measure.
      3. The security measure in the form of placement in a medical organization is maintained throughout the pre-trial proceedings, but not more than one month, after which the term of its use may be extended at the request of the procurator by the investigating judge for a term not exceeding one month or it may be canceled. During the trial, this security measure is maintained until the entry into force of a court decision, issued at consideration of the criminal case on the application of compulsory medical measures.
      4. If the court in consideration of the case against a person, whose criminal case is considered, makes a decision on the application of the compulsory medical measure in the form of placement of a person in a medical organization, the security measure shall be canceled after placement of the person to the said organization. If the court makes a decision on the application of the compulsory medical measure in the form of observation by a psychiatrist at the place of residence or non-application of compulsory medical measures, he (she) also cancels the security measure. A person who is in medical organization, after abolition of this security measure shall be immediately discharged from hospital.

Article 514. Separation of the case against the person who
committed the prohibited criminal offence in a state of
insanity or have mental disorder after committing
a criminal offence

      If during the pre-trial investigation it is determined that any of the partners committed the offence in a state of insanity or have mental disorder after committing the prohibited by criminal law offence, the case against him (her) could be separated.

Article 515. Rights of the person against whom the case on
application of compulsory medical measures is considered

      1. The person against whom the case on application of compulsory medical measures is considered, shall have a right to, if the conclusion of the forensic psychiatric examination does not interfere with the nature and severity of the illness:
      1) know, in the commission of what act he (she) is convicted;
      2) give explanations;
      3) submit evidence;
      4) make requests and challenges;
      5) explain in his (her) native language or a language he (she) speaks;
      6) have the free assistance of an interpreter;
      7) have a defense counsel and meet with him (her) in private and in confidence;
      8) participate with the permission of the investigator in the investigative actions, conducted at his (her) request or the request of his (her) defense counsel;
      9) get acquainted with the protocols of these actions and submit comments on them;
      10) get acquainted with the decision on appointment of expertise and the expert opinion;
      11) get acquainted at the end of the preliminary investigation with the case materials and copy out any information in any volume, make copies of documents, including through scientific and technological means, except for information containing state secrets and other secrets protected by law;
      12) make complaints against the actions and decisions of the person, carrying out the pre-trial proceedings, the procurator and the court;
      13) receive a copy of the decision to terminate the criminal case or direction of the case to the court for the application of compulsory medical measures.
      During the trial of the case the person has the right to participate in the examination of the evidence and court pleadings; get acquainted with the protocol of the court session and comment on it; appeal the decision of the court and obtain copies of the contested decisions; to be aware of the complaints and protests brought in the case and make objections on them; take part in the court’s consideration of the complaints and protests announced.
      2. To the person, mentioned in the first part of this Article, the investigator shall explain his (her) rights and present a list in writing. A note on the clarification of the rights in court proceedings shall be made in the protocol of the court session.

Article 516. Participation of the legal representative

      1. A close relative of the person against whom the proceedings on the application of compulsory medical measures are conducted, or any other person shall be recognized as the legal representative of the person and shall be involved to participate in the case by the decision of the person, conducting pre-trial investigation, or the procurator or the court decision.
      2. Participation in the court of the legal representative of the person, against whom the proceedings on the application of compulsory medical measures are conducted, is mandatory.
      3. The legal representative shall have the right to:
      1) know in the commission of what act, prohibited by the criminal law the person he (she) represents is convicted;
      2) make requests and challenges;
      3) submit evidence;
      4) participate with the permission of the person conducting pre-trial investigation in the investigative actions conducted at his (her) request or the request of the defense counsel;
      5) get acquainted with the protocols of the investigative actions in which he (she) participated, and make written comments on the correctness and completeness of the records made therein;
      6) at the end of the preliminary investigation, get acquainted with the case materials, write out any information and in any volume, make copies of documents, including through scientific and technological means, except for information containing state secrets and other secrets protected by law;
      7) receive a copy of the decision to terminate the criminal case or direction of the case to the court for the application of compulsory medical measures;
      8) participate in the court proceedings;
      9) make complaints against the actions and decisions of the person conducting the pre-trial investigation, the procurator and the court;
      10) appeal against the court decisions, and receive copies of the contested decisions;
      11) know about the complaints and protests brought in the case and make objections to them;
      12) participate in the court’s consideration of complaints and protests announced.
      4.The protocol on clarification of the rights to legal representative shall be made.

Article 517. Participation of the defense counsel

      1. In proceedings for the application of compulsory medical measures the participation of the defense is mandatory since the establishment of the fact of insanity or mental disorder of the person against whom the proceedings are conducted, if the defense counsel is not joined the case on other grounds.
      2. The defense counsel since the entry the case shall have a right to meet with his (her) client in private, if this does not prevent the defendant’s state of health, as well as enjoy all the other rights provided for in Article 66 of this Code.

Article 518. Completion of the preliminary investigation

      1. Upon completion of the preliminary investigation the person conducting the pre-trial investigation shall decide:
      1) to terminate the case by the proceedings in the cases provided for in Article 35 and the fifth part of Article 288 of this Code, as well as when the painful mental disorders are not associated with danger to themselves or others, or causing other possible serious harm;
      2) to send the case to the court for the application of compulsory medical measures.
      2. On termination of the case or direction of the case to the court, the person conducting the pre-trial investigation shall notify the person, in respect of whom a preliminary investigation is carried out, if under his (her) mental state the person is able to participate in the investigative actions, his (her) legal representative and the defense counsel, as well as the injured person. The person, conducting the pre-trial investigation shall explain the named participants in the process their right to examine the case materials and tell where and when they may use this right. The procedure of familiarization with the case, the applications and resolution of the applications for supplement of the investigation shall be defined in Articles 295 - 297 of this Code.
      3. The decision to terminate the case shall be made according to the rules of Article 288 of this Code. The decision to send the case to the court for the application of compulsory medical measures shall specify the circumstances, provided in Article 510 of this Code and established in the case; the grounds for the application of compulsory medical measures; the arguments of the defense counsel and others, challenging the grounds for the application of compulsory medical measures, if they are made.
      4. Attachment to the decision on direction of the case to the court shall be made according to the rules of the seventh part of Article 299 of this Code.
      5. The person conducting the pre-trial investigation shall send the case with the decision on direction of it to the court, to the procurator who, after studying the case, shall take one of the following decisions:
      1) to send the case to the court for the application of compulsory medical measures;
      2) to return the case for additional investigation;
      3) to terminate the case in the cases, provided for in paragraph 1) of the first part of this Article.
      6. A copy of the decision to terminate the case or to send the case to the court for the application of compulsory medical measures shall be sent to the participants in the process and handed to the person in respect of whom the proceedings in the case is carried out, and his (her) legal representative.

Article 519. Proceedings in the court

      1. The cases on application of compulsory medical measures shall be considered by the judge of the district or equivalent court. In the cases, provided by this Code, the issue on application of compulsory medical measures to the insane may be considered by the appellate court in considering of the criminal case on appellate complaints or protest, submitted against the sentence, decision of the court of first instance.
      2. On receipt to the court of the case on application of compulsory medical measures, the judge shall consider it at the hearing by the rules provided in this Code.
      3. The composition of the court in considering of the cases on application of compulsory medical measures shall be determined in accordance with Article 52 of this Code.

Article 520. Issues, resolved by the court in
decision making on the case

      1. During the proceedings of the case the following issues should be investigated and resolved:
      1) whether there was the act, provided for in criminal law;
      2) whether the act was committed by person, whose case is considered;
      3) whether the act was committed by person, whose case is considered, in a state of insanity;
      4) whether the person after committing the prohibited by criminal law act was ill by a mental disorder that makes it impossible to appoint or execute the punishment;
      5) whether the painful mental disorders of the person present a danger to him(her)self or others, or possibility to make significant harm to others;
      6) whether compulsory medical measures are applied, and what kind.
      2. The court resolves the issues, referred to in paragraphs 10), 11) and 12) of the first part of Article 390 of this Code.

Article 521. Court decision

      1. Recognizing proven that the act prohibited by the criminal law, committed by the person in a state of insanity or that the person after committing the prohibited by criminal law act was ill from a mental disorder that makes it impossible to appoint or execute the punishment, the court shall issue a decision in accordance with Articles 16 and 75 of the Criminal Code of the Republic of Kazakhstan for the release of the person respectively from criminal liability or punishment and the application to him (her) of compulsory medical measures, and what kind.
      2. If the person, referred to in the first part of this Article, is not danger by his (her) mental state, the court shall issue a decision to terminate the case, and the non-application of compulsory medical measures.
      3. If the court recognizes that the participation of the person in committing the act is not proved, as well as in establishing the circumstances, specified in paragraphs 1), 2), 3), 4), 5), 6), 7), 8 ), 9), 10, 11) and 12) of the first part of Article 35, first part of Article 36 of this Code, the court shall issue a decision to terminate the case on its established base, regardless of the presence and nature of the disease of the person.
      4. Upon termination of the case on the grounds, specified in the second and third parts of this Article, a copy of the court decision within five days shall be sent to the health authorities for a decision on treatment or direction to a mental institution of those, who are in need of psychiatric care.
      5. Recognizing that the mental disorder of the person, whose case is considered, is not established or that the disease of the person, who committed the prohibited by criminal law act, does not preclude the application to him (her) of penalties, the court by its decision shall send the case to the procurator for investigation in the general manner.
      6. The decision of the court resolves the issues, referred to in Article 401 of this Code.

Article 522. The appeal and protest of the court decision

      1. The decision of the district and equivalent court may be appealed in the appeal order by the rules provided by Chapter 48 of this Code, and the decision of the appellate court, issued in the case provided for by Article 439 of this Code to the court of cassation by the defense counsel, the injured person and his (her) representative, legal representative or a close relative of the person, which case is considered, as well as protested by the procurator. In the case, when in accordance with Article 515 of this Code, the person in respect of whom compulsory medical measures are applied, participates in the proceedings of the case, he (she) has the right to appeal against the court decision, if according to the conclusion of the forensic psychiatric examination the nature and severity of the illness does not prevent this.
      2. The decision on the application of compulsory medical measures shall be executed in accordance with the procedure, stipulated by Chapter 51 of this Code.

Article 523. Termination, change and extension of the
application of compulsory medical measures

      1. Issues about the termination, change or extension of the application of compulsory medical measures in the manner provided in Article 96 of the Criminal Code of the Republic of Kazakhstan, shall be considered by the court that made the decision on the application of compulsory medical measures, and if the use of preventive measures is carried out outside the area of activity of this court – by the competent court at the place of application of this measure.
      2. The court shall notify the legal representative of the person to which a compulsory medical measure is applied, the administration of the institution, carrying out compulsory treatment, the defense counsel and the procurator on the appointment of the case to hearing. Participation in the court session of the defense counsel and the procurator is mandatory, and the absence of others does not preclude consideration of the case.
      3. At the hearing the representation (conclusion) of the institution, carrying out compulsory treatment, the opinion of the commission of psychiatrists is examined, and the opinions of persons participating in the hearing are heard. If the opinion of the commission of psychiatrists is doubtful, the court at the request of the persons participating at the hearing or on its own initiative may appoint a forensic psychiatric examination, request additional documents, as well as interview the person in respect of whom the issue of the termination, change or extension of the use of compulsory medical measures is addressed, if it is possible for his (her) mental state.
      4. The court stops or changes a compulsory medical measure in the event of such a person’s mental condition in which there is no need to use any previously assigned measure, or there is a need to appoint another medical measure. The court extends compulsory treatment in the absence of grounds for the termination or change of the compulsory medical measure.
      5. On termination, change or extension, as well as the refusal to terminate, change or extend the application of the compulsory medical measure, the court makes a decision in the deliberation room and announces it in the court session. A court decision may be reviewed on appeal under the complaints of participants in the process or the protest of the procurator.

Article 524. Reopening of the criminal case against the person
to whom a compulsory medical measure is applied

      1. If the person to whom due to his (her) mental disorder after the commission of the prohibited by criminal law act is applied to the compulsory medical measure, will be recognized by the commission of psychiatrists as recovered, the court based on the opinion of the medical organization, carrying out compulsory treatment, in accordance with paragraph 14 ) of Article 476 of this Code shall decide to discontinue the use of the compulsory medical measure and send the case to the procurator for a decision on the criminal liability of the person in the general manner. If the compulsory medical measure is canceled in connection with the recovery of the convicted person, who is not served full sentence, the court shall send a copy of the decision to the institution or body, carrying out the punishment to resume the serving by that person rest of the sentence, if by that time the statute of limitations for execution of conviction has not expired.
      2. The time spent in a medical institution, shall be included in the term of punishment.

Chapter 55. Features of proceedings on criminal
infractions

Article 525. The order of proceedings on criminal infractions

      The order of proceedings on criminal infractions is defined by the general rules of this Code with the exceptions established in this Chapter.

Article 526. The protocol form of pre-trial investigation

      1. The body of inquiry makes a protocol on the criminal infraction in relation to the suspected immediately, if it is established. In the absence of the person, the protocol may be made from the date of its actual establishment within the statute of limitations to prosecute.
      2. If necessary to clarify the circumstances of the criminal infraction, the data on the person, who has committed it, his (her) location, the protocol on the criminal infraction shall be made up to three days.
      3. If the examination or obtaining of the expert opinion is required, the protocol on the criminal infraction shall be made within a day of receipt of the relevant conclusions.
      4. In the criminal case against several criminal offences, including, in addition to the offences there is a criminal infraction or criminal infractions, the proceedings shall be carried out in the form of inquiry or preliminary investigation.

Article 527. The procedure for preparation of the protocol

      1. On the circumstances of the criminal infraction against the suspected the protocol shall be made, stating: the time and place of its preparation, who made the protocol, the identity of the suspected, the time and place of the commission of the criminal infraction, the event, its methods, motives, consequences and other significant circumstances, the evidence confirming the existence of the criminal infraction and the guilt of the offender, the elements of a criminal infraction under the Special Part of the Criminal Code, the data about the injured person, the nature and extent of damage caused to him (her).
      2. In order to clarify the circumstances of the criminal infraction and the protocol preparation, the person carrying out pre-trial investigation examines the suspected, injured person, witness, takes measures to requisition and admission to the protocol of information about the identity of the suspected, if necessary, produces inspection, seizure, other procedural and investigative actions, provided by this Code.
      3. The suspected, the accused and defendant may be taken the obligation to appear at the call of the bodies of inquiry, the court and tell them about the change of the place of residence.

Article 528. The procedure for sending the protocol in court

      1. The head of the body of inquiry, after studying the protocol and the attached materials, approves the protocol, after which all materials shall be presented for review to the suspected, and a relevant note confirmed by the signature of the suspected and the defense counsel (with his (her) participation) shall be made in the protocol.
      2. After studying by the suspected of the protocol and case materials, the head of the body of inquiry shall immediately send the criminal case to the procurator.
      3. The Procurator after studying the criminal case, not later than the day, and in cases in which the suspected is detained in accordance with Article 128 of this Code, no later than eight hours makes one of the following actions on it:
      1) approves the protocol on the criminal infraction and sends the criminal case to the court;
      2) refuses to approve the protocol and terminates the criminal case on the grounds specified in Articles 35 and 36 of this Code;
      3) returns the criminal case for the inquiry or the prelimiary investigation;
      4) terminates the criminal proceedings against individual suspected persons, about what makes the relevant decision with the direction of its copies to the interested parties and sends the criminal case to the court.
      In the case of detention of the suspected in accordance with Article 128 of this Code, the case on criminal infraction shall be sent to the procurator not later than thirty-six hours after the actual detention.

Article 529. The order and terms of consideration of the case on criminal infractions in court

      1. After receiving the case in court, the judge accepted the case in the production and started the consideration of the case on criminal infraction:
      1) announces, who is considering the case, what case is subject to consideration, who and on the basis of which article of the Criminal Code of the Republic of Kazakhstan shall be held liable;
      2) verifies the appearance of the defendant, as well as other persons participating in the proceedings;
      3) establishes the identity of the participants of the proceedings and verifies the credentials of legal representatives if any, defense counsel;
      4) finds out the reasons for non-appearance of participants of the proceedings and takes the decision on the consideration of the case in the absence of the said persons or on postponement of the proceedings;
      5) where necessary, makes a decision to drive a person, whose participation is mandatory in the consideration of the case, appoints an interpreter;
      6) explains to the persons participating in the proceedings, their rights and responsibilities;
      7) solves the stated objections and motions;
      8) announces the protocol on the criminal infraction and, if necessary, other materials of the case;
      9) makes a decision to postpone the consideration of the case in connection with: a motion for self-disqualification or disqualification of a judge, if its disqualification prevents the consideration of the case on the merits; with the disqualification of the defense counsel, the authorized representative, expert or interpreter, if the specified disqualification precludes consideration of the case on merits; with the need to appear of the persons, participating in the proceedings, or the delivery of additional materials on the case. If necessary, the judge shall issue the decision on the appointment of expertise.
      2. The judge, considering the case on a criminal infraction, hears the defendant and other persons, involved in the proceedings, explanations of the specialist and expert, explores the other evidence. Where necessary, he (she) carries out other procedural actions, provided by this Code.
      3. Cases on criminal infractions are subject to judicial review within fifteen days of receipt of the court.
      In the case of receipt of the applications of the participants in the process or the need for additional clarification of the circumstances of the case, the term of consideration of the case may be extended, but not more than one month.
      4. Cases on criminal infraction for which the punishment shall be the expulsion from the Republic of Kazakhstan, as well as those for which the suspected is detained in accordance with Article 128 of this Code shall be considered at the day of receipt of the court.
      5. The participation of the procurator is mandatory in considering by the court of the cases of criminal infractions.
      6. After considering the case on a criminal infraction, the judge shall:
      1) make a judgment of guilty or acquittal in accordance with the procedure stipulated by Chapter 46 of this Code;
      2) terminate the proceedings if there are the circumstances provided for in Articles 35 and 36 of this Code;
      3) in establishing the elements of a crime shall send the case to the relevant procurator to decide on the conduct of pre-trial investigation.
      7. The court sentence, made in a case of a criminal infraction, in the form and content shall meet the requirements of Articles 388 and 389 of this Code.
      8. The decision in the case of a criminal infraction is declared immediately after the termination of the proceedings. A copy of the decision on the case shall be immediately given to the convicted, the injured person and the procurator. In the absence of these persons, a copy of the decision shall be sent them within three days.
      9. The decision of the court on the case of a criminal infraction may be appealed by the parties in the manner and time, stipulated by this Code on a common basis.

Chapter 56. Proceedings on criminal offences of minors

Article 530. The order of proceedings on criminal
offences of minors

      1. The provisions of this Chapter shall apply in cases of persons, who have not reached at the moment of committing a criminal offence the age of majority that is the age of eighteen.
      2. The order of proceedings on criminal offences of minors is determined by the general rules, established by this Code, as well as by Articles of this Chapter.
      3. The order of proceedings on criminal offences of minors does not apply in cases where:
      1) several criminal offences of the person are combined into one case, some of which committed after reaching the age of eighteen;
      2) the suspected, accused, defendant, convicted at the time of the proceedings reached the age of majority.

Article 531. Circumstances to be established in cases
of criminal offences of minors

      In the production of pre-trial investigation and court proceedings, except the circumstances to be proved, provided for in Article 113 of this Code, the following shall be established in the cases of minors:
      1) the minor’s age (the day, month, year of birth);
      2) living conditions and upbringing of a minor;
      3) the degree of intellectual, volitional and mental development, character traits and temperament, needs and interests;
      4) the influence of the adults and other minors on the minor.

Article 532. Limitation of publicity in cases of minors

      The right of a minor suspected, accused or defendant to confidentiality shall be respected at all stages of criminal proceedings.

Article 533. Separation of cases of minors in
separate proceedings

      1. The case of a minor, who participated in the commission of a criminal offence together with adults, in accordance with paragraph 2) of the first part of Article 44 of the Code is allocated in separate proceedings at the stage of pre-trial investigation.
      2. In cases where separate proceedings against a minor may create significant obstacles for a comprehensive, complete and objective investigation of the circumstances of the case, the rules of this Chapter shall apply to the minor suspected, accused, attracted in one case with adults.

Article 534. The procedure for calling a minor suspected,
accused or defendant

      1. A minor suspected, accused, defendant is called to the person conducting the pre-trial investigation or the court through his (her) parents or other legal representatives, and in their absence - by the guardianship authorities.
      2. A minor who is in the organization, carrying out in accordance with the law the functions for the protection of children’s rights, or in detention - through the administration of the place of detention.

Article 535. Interrogation of a minor suspected,
accused or defendant

      1. Interrogation of a minor suspected, accused, defendant is held in accordance with Articles 216 and 367 of this Code, in the presence of a defense counsel, legal representative, and if necessary - a psychologist and teacher. Defense counsel shall have the right to ask questions to the interrogated person, and after interrogation, familiarize with the protocol and make comments on the correctness and completeness of the record evidence.
      2. Interrogation of a minor suspected, accused, defendant shall be made during the day and may not go on without a break for more than two hours, and in total - more than four hours a day. In cases of obvious fatigue of a minor, the interrogation shall be interrupted before the expiry of this period.

Article 536. Participation of a defense counsel

      1. The participation of a defense counsel in cases of criminal offences of minors in accordance with paragraph 2) of the first part of Article 67 of the Code is mandatory.
      2. In cases of criminal offences of minors the defense counsel shall be involved from the first interrogation of a minor as a suspected, and in the case of detention – from the time of detention.
      3. If a minor suspected, accused or his (her) legal representatives do not conclude an agreement with a lawyer, the person performing the pre-trial investigation, the procurator, the court shall ensure the participation of a defense counsel in the case.

Article 537. Participation of the legal representative of
a minor suspected, accused in the pre-trial proceedings

      1. In the presence of a minor suspected, the accused of the parents or other legal representatives, their participation in the case is mandatory. One or both parents of a minor may be legal representatives. Parents and other close relatives, involved in the case as defense counsels, may not simultaneously participate as legal representatives of the minor. In their absence the participation of representatives of the guardianship authority is mandatory.
      2. The legal representative, and in his (her) absence - the representative of the guardianship authority is allowed to participate in the case by the decision of the investigator from the first interrogation of a minor as a suspected. In the admission to participate in the case, the legal representative, and in his (her) absence the representative of the guardianship authority shall be explained the rights specified in third part of this Article.
      3. The legal representative has the right to: know what exactly a minor is suspected; be present when reading the decisions on the recognition as the suspected, the qualification of the actions of the suspected, with the approved by the procurator indictment, participate in the interrogation of a minor, as well as with the permission of the person carrying out pre-trail proceedings, - in other investigative actions conducted with the participation of a minor suspected and his (her) defense counsel; get acquainted with the protocols of investigative actions in which he (she) participated, and make written comments on the correctness and completeness of the records made by them; make petitions and objections, to lodge complaints against the actions and decisions of the investigator and the procurator; submit evidence; at the end of the investigation to get acquainted with the case materials, write out any information and in any volume, make copies of documents, including through scientific and technological means, except for information containing state secrets and other secrets protected by law.
      4. The person, performing the pre-trial investigation shall have a right at the end of the pre-trial proceedings to make a decision not to present to the minor for familiarization those materials that may have a negative effect on him (her), and familiarize with these materials the legal representative and defense counsel.
      5. The legal representative may be removed from the case, if there is reason to believe that his (her) actions are detrimental to the interests of a minor or are aimed at hindering the objective investigation of the case or at the request of the legal representative. The person carrying out pre-trial investigation makes a reasoned decision about this. Another legal representative of the minor may be allowed to participate in the case.

Article 538. Participation of a teacher and a psychologist

      1. The participation of a teacher or a psychologist is mandatory in proceedings involving a minor suspected, accused, defendant, who have not attained the age of sixteen, as well as those who attained that age, but with signs of mental retardation.
      2. In cases of minors who have attained the age of sixteen, a teacher or a psychologist is allowed to participate in the case at the discretion of the investigator or the court