LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 21, 2017 No. 118-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning upgrade of procedural bases of law-enforcement activities

Article 1. Make changes and additions to the following legal acts of the Republic of Kazakhstan:

1. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014 (The sheet of Parliament of the Republic of Kazakhstan 2014, No. 15-I, 15-II, Art. 88; No. 19-I, 19-II, Art. 96; No. 21, Art. 122; 2015, No. 20-VII, Art. 115; No. 21-III, Art. 137; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 67; No. 12, Art. 87; No. 23, Art. 118; Art. No. 24 126, 129; 2017, No. 1-2, of Art. 3; No. 8, Art. 16; No. 14, Art. 50, 53; Art. No. 16 56):

1) in table of contents:

after heading "Chapter 5." To add conducting criminal proceeding with heading of Article 42-1 of the following content:

"Article 42-1. Format of criminal trial";

to exclude heading of Article 525;

add with headings of Section 13-1, of Chapter 64-1, of Articles 629-1 - 629-8 following contents:

"Section 13-1. Mandative production

Chapter 64-1. Procedure for mandative production

Article 629-1. Bases of application of mandative production

Article 629-2. Contents of the resolution on application of mandative production

Article 629-3. Procedure for the direction of the resolution on application of mandative production in court

Article 629-4. Procedure and term of legal proceedings in mandative production

Article 629-5. Structure and content of conviction according to the procedure of mandative production

Article 629-6. The direction of the copy of conviction according to the procedure of mandative production

Article 629-7. Appeal of the resolution on the termination of criminal case and conviction according to the procedure of mandative production

Article 629-8. The introduction in legal force of the resolution on diversion and conviction according to the procedure of mandative production";

Items 12) and 39) of Article 7 to state 2) in the following edition:

"12) secret investigative action - the action which is carried out during pre-judicial production without preliminary informing persons whose interests it concerns, according to the procedure and the cases provided by this Code;";

"39) the sanction - the leave of court on making during pre-judicial production of legal proceeding by criminal prosecution authority;";

Part the second Article 14 to state 3) in the following edition:

"2. Detention and house arrest are allowed only in the cases provided by this Code and only from the sanction of court with provision taken into custody or house arrest of the right of judicial appeal.

Without sanction of court person can be subjected to detention for the term of no more than forty eight hours, and the minor - for the term of no more than twenty four hours, except as specified, when this Code directly provides admissibility of detention of person without sanction of court for the term of no more than seventy two hours.

The forced placement of person who is not held in custody to the medical organization for production of forensic-psychiatric and (or) medicolegal examinations is allowed only by a court decision.";

4) in Article 38 part two:

the paragraph one to state in the following edition:

"2. The right to indemnification, the body caused as a result of the corresponding illegal actions conducting criminal procedure have:";

add with Item 6) of the following content:

"6) person concerning whom the secret investigative actions afterwards recognized illegal judicially are carried out.";

To add 5) with Article 42-1 of the following content:

"Article 42-1. Format of criminal trial

1. Criminal trial in the Republic of Kazakhstan is conducted in paper and (or) electronic formats.

2. Person conducting criminal procedure at discretion can conduct criminal trial in electronic format about what the motivated decree is issued.

In case of impossibility of further conducting criminal trial in electronic format person conducting criminal procedure passes to paper format about what the motivated decree is issued.";

Paragraph one of part two of Article 52 to state 6) in the following edition:

"2. Consideration of criminal cases in appeal procedure is performed jointly as a part of at least three judges of board, and by consideration of claims, petitions of prosecutors to sentences, court orders on the cases considered in the reduced procedure or according to the procedure of mandative production on criminal offenses and crimes of small weight, concerning execution of sentence, the resolution of the investigative judge - the judge solely.";

7) in Article 53 part two:

5) to state Item in the following edition:

"To authorize 5) elected the investigator, the investigator, body of inquiry, the prosecutor concerning the suspect accused measure of restraint in the form of detention, house arrest, extradition arrest, pledge and to prolong their terms;";

add with Items 5-1) and 9) of the following content:

"5-1) to authorize carrying out secret investigative actions and prolongation of its terms, and also to prolong time for notification of person about the secret investigative actions which are carried out concerning it, to agree to body pre-judicial investigations to the non-notification of person about the secret investigative actions which are carried out concerning it;";

"9) to authorize forced receipt of samples and survey.";

8) in Article 55:

in part one:

add with Item 5-1) of the following content:

"5-1) authorizations of carrying out secret investigative actions, prolongation of terms of carrying out secret investigative actions;";

7) to state Item in the following edition:

"7) pledge application authorization;";

add with Items 17) and 18) of the following content:

"17) authorization of forced survey;

18) authorization of forced receipt of samples.";

in part two:

7) to state Item in the following edition:

"7) according to the motivated petition of the lawyer participating in quality of the defender considers question of purpose of examination or production of other investigative actions by criminal prosecution authority, except for secret investigative actions including if by criminal prosecution authority satisfaction of such petition it was unreasonably refused or on it the decision within three days is not made;";

add with Items 8-1) and 8-2) of the following content:

"8-1) according to the motivated petition of body of pre-judicial investigation considers question of prolongation of time for notification of person of the secret investigative actions which are carried out concerning it up to one year;

8-2) according to the motivated petition of body of pre-judicial investigation agrees to body of pre-judicial investigation to the non-notification of person about the secret investigative actions which are carried out concerning it;";

The second and fourth Article 56 to state 9) to part in the following edition:

"2. The investigative judge considers the questions carried to its competence, solely without carrying out judicial session.

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