LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 19, 2020 No. 384-VI ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning strengthening of protection of the rights of citizens in criminal procedure and anti-corruption

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

1. In the Civil code of the Republic of Kazakhstan (General part) of December 27, 1994 (The sheet of the Supreme Council of the Republic of Kazakhstan, 1994, No. 23-24 (appendix); 1995, No. 15-16, of Art. 109; No. 20, Art. 121; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 2, Art. 187; No. 14, Art. 274; No. 19, Art. 370; 1997, No. 1-2, of Art. 8; No. 5, Art. 55; No. 12, Art. 183, 184; Art. No. 13-14, 195, 205; 1998, No. 2-3, of Art. 23; No. 5-6, of Art. 50; No. 11-12, of Art. 178; Art. No. 17-18, 224, 225; No. 23, Art. 429; 1999, No. 20, Art. 727, 731; No. 23, Art. 916; 2000, No. 18, Art. 336; No. 22, Art. 408; 2001, No. 1, Art. 7; No. 8, Art. 52; No. 17-18, of Art. 240; No. 24, Art. 338; 2002, No. 2, Art. 17; No. 10, Art. 102; 2003, No. 1-2, of Art. 3; No. 11, Art. 56, 57, 66; No. 15, Art. 139; No. 19-20, of Art. 146; 2004, No. 6, Art. 42; No. 10, Art. 56; No. 16, Art. 91; No. 23, Art. 142; 2005, No. 10, Art. 31; No. 14, Art. 58; No. 23, Art. 104; 2006, No. 1, Art. 4; No. 3, Art. 22; No. 4, Art. 24; No. 8, Art. 45; No. 10, Art. 52; No. 11, Art. 55; No. 13, Art. 85; 2007, No. 2, Art. 18; No. 3, Art. 20, 21; No. 4, Art. 28; No. 16, Art. 131; No. 18, Art. 143; No. 20, Art. 153; 2008, No. 12, Art. 52; No. 13-14, of Art. 58; No. 21, Art. 97; No. 23, Art. 114, 115; 2009, Art. No. 2-3, 7, 16, 18; No. 8, Art. 44; No. 17, Art. 81; No. 19, Art. 88; No. 24, Art. 125, 134; 2010, No. 1-2, of Art. 2; No. 7, Art. 28; No. 15, Art. 71; No. 17-18, of Art. 112; 2011, No. 2, Art. 21, 28; No. 3, Art. 32; No. 4, Art. 37; No. 5, Art. 43; No. 6, Art. 50; No. 16, Art. 129; No. 24, Art. 196; 2012, No. 1, Art. 5; No. 2, Art. 13, 15; No. 6, Art. 43; No. 8, Art. 64; No. 10, Art. 77; No. 11, Art. 80; No. 20, Art. 121; No. 21-22, of Art. 124; No. 23-24, of Art. 125; 2013, No. 7, Art. 36; No. 10-11, of Art. 56; No. 14, Art. 72; No. 15, Art. 76; 2014, No. 4-5, of Art. 24; No. 10, Art. 52; No. 11, Art. 61, 63; No. 14, Art. 84; No. 21, Art. 122; No. 23, Art. 143; 2015, No. 7, Art. 34; No. 8, Art. 42, 45; No. 13, Art. 68; No. 15, Art. 78; No. 16, Art. 79; No. 20-І, Art. 110; No. 20-IV, Art. 113; No. 20-VII, Art. 115; No. 21-І, Art. 128; No. 22-І, Art. 140, 143; No. 22-V, Art. 156; No. 22-VI, Art. 159; 2016, No. 7-II, Art. 55; No. 8-II, Art. 70; No. 12, Art. 87; 2017, No. 4, Art. 7; No. 15, Art. 55; No. 22-III, Art. 109; 2018, No. 1, Art. 4; No. 10, Art. 32; No. 13, Art. 41; No. 14, Art. 44; No. 15, Art. 50; 2019, No. 2, Art. 6; No. 7, Art. 37; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 103; No. 24-І, Art. 118; 2020, No. 10, Art. 39; No. 11, Art. 59; No. 12, Art. 61; No. 13, Art. 67; No. 14, Art. 72, 75):

"borders" to add article 14 after the word with words" if other is not established by the Law of the Republic of Kazakhstan "About anti-corruption".

2. In the Criminal Code of Kazakhstan of July 3, 2014 (The sheet of Parliament of the Republic of Kazakhstan, 2014, No. 13-І, 13-II, Art. 83; No. 21, Art. 122; 2015, No. 16, Art. 79; No. 21-III, Art. 137; No. 22-І, Art. 140; No. 22-III, Art. 149; 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; No. 24, Art. 126; 2017, No. 8, Art. 16; No. 9, Art. 21; No. 14, Art. 50; No. 16, Art. 56; No. 22-III, Art. 109; No. 23-III, Art. 111; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 14, Art. 44; No. 15, Art. 46; No. 16, Art. 56; No. 23, Art. 88, 91; No. 24, Art. 94; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 8, Art. 45; No. 15-16, of Art. 67; No. 19-20, of Art. 86; No. 23, Art. 108; No. 24-І, Art. 118; No. 24-II, Art. 120; 2020, No. 9, Art. 29; No. 10, Art. 44, 46; No. 12, Art. 63; No. 16, Art. 77; The Law of the Republic of Kazakhstan of October 6, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 7, 2020):

1) Article 46 part five in paragraph one:

1) to add Item with the paragraph the second the following content:

"Provisions of this Item do not extend to persons condemned to imprisonment for making of the crimes provided by parts 1-1, of the second, third and fourth Article 366, parts two, third and fourth Article 367, part two of article 368 of this Code;";

2) to add Item with words "to persons condemned to imprisonment for making of the crimes provided by parts 1-1, of the second and third Article 366, parts two and third Article 367, part two of article 368 of this Code;";

2) in Article 72:

add part one with paragraphs the fourth and fifth the following content:

"The expectant mothers, women having juvenile children the men raising alone juvenile children, women at the age of fifty eight and over years, the man at the age of sixty three and over years the disabled people of the first or second group leaving imprisonment for heavy and especially serious corruption crime after the actual departure of the terms specified in parts three and the fifth this Article can be exempted by court conditional ahead of schedule.

Person, the leaving imprisonment for the heavy and especially serious corruption crime which satisfied all conditions of the procedural agreement on cooperation after the actual departure of the terms specified in parts three and the fifth this Article can be exempted by court conditional ahead of schedule.";

the eighth to state part in the following edition:

"8. Parole is not applied to persons:

1) which punishment in the form of capital punishment is replaced with imprisonment according to the procedure of pardon;

2) condemned for the terrorist or extremist crime which entailed death of people or integrated to making of especially serious crime;

3) condemned for heavy and especially serious corruption crime, except for:

cases of making of such crimes by expectant mothers, the women having juvenile children, the men raising alone juvenile children, women at the age of fifty eight and over years, men at the age of sixty three and over years, disabled people of the first or second group;

the convicts who satisfied all conditions of the procedural agreement on cooperation;

4) case of making of such crime by the person condemned for crime against sexual integrity of minors, except for who did not reach age of majority concerning the minor aged from fourteen up to eighteen years.";

3) in Article 150:

the paragraph one of part one to state in the following edition:

"1. Hindrance to free implementation by the citizen of the voting rights or the rights to participate in referendum -";

add with part of 1-1 following content:

"1-1. Illegal intervention in work of the electoral commissions or the commissions of referendum and hindrance to vote, fulfillment of duties connected with registration of the candidate, party lists, counting of votes and determination of results of vote on elections or referendum

are punished by penalty in the amount up to hundred monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to hundred twenty hours.";

the paragraph one of part two to state in the following edition:

"2. The acts provided by parts one and 1-1 this Article:";

4) in Article 361:

add with part of 2-1 following content:

"2-1. The same act made by the employee of law enforcement agency

it is punished by penalty at the rate to four thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to one thousand hours, or restriction of freedom for a period of up to four years, or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

part four in paragraph one:

"parts one or third" shall be replaced with words words "parts one, 2-1 or third";

add with Item 4) of the following content:

"4) commited by person, holding responsible state position in law enforcement agency, or the judge, -";

Article 364 to add 5) with parts of the 2-1 and fourth of the following content:

"2-1. The act provided by part one of this Article, made by the employee of law enforcement agency

it is punished by penalty at the rate to two thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to six hundred hours, or restriction of freedom for a period of up to two years, or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

"4. The act provided by part one of this Article, which is commited by person, holding responsible state position in law enforcement agency, or the judge,

it is punished by penalty at the rate to five thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to one thousand two hundred hours, or restriction of freedom for a period of up to five years, or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

6) in Article 365:

the paragraph one of part two to add with Item 4) of the following content:

"4) the employee of law enforcement agency, -";

add with part four of the following content:

"4. The acts provided by parts one, the second or third this Article, which are commited by person, holding responsible state position in law enforcement agency, or the judge,

are punished by restriction of freedom for a period of two up to eight years or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

7) in Article 366:

add with part of 1-1 following content:

"1-1. The same act made by the employee of law enforcement agency or person holding responsible state position in law enforcement agency or the judge

it is punished by penalty in the amount of bribe, thirtyfold to the fiftyfold amount, or imprisonment for a period of up to six years, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

in paragraph one of part two of the word "Same Act, Committed" shall be replaced with words "The acts provided by parts one and 1-1 this Article committed";

word part three in paragraph one "parts one or the second" shall be replaced with words "parts one, the 1-1 or second";

word part four in paragraph one "parts one, second or third" shall be replaced with words "parts one, 1-1, of second or third";

8) in Article 367:

in the paragraph the second part one: shall be replaced with words the words "from tenfold to twentyfold" "from twentyfold to thirtyfold";

to replace the word of "three" with the word of "five";

in the paragraph the second part two:

shall be replaced with words the words "from twentyfold to thirtyfold" "from thirtyfold to forty-multiple";

shall be replaced with words the words "up to five years" "from three to seven years";

in the paragraph the second shall be replaced with words parts three of the word "from thirtyfold to forty-multiple" "from forty-multiple to fiftyfold";

in the paragraph the second shall be replaced with words parts four of the word "from forty-multiple to fiftyfold" "from fiftyfold to sixtyfold";

9) in Article 368:

in the paragraph the second part one:

shall be replaced with words the words "from fivefold to tenfold" "from tenfold to twentyfold";

to replace the word of "two" with the word of "three";

in the paragraph the second shall be replaced with words parts two of the word "from tenfold to twentyfold" "from twentyfold to thirtyfold";

Article 369 to add 10) with parts of the 2-1 and fourth of the following content:

"2-1. The same act made by the employee of law enforcement agency

it is punished by penalty at the rate to three thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to eight hundred hours, or restriction of freedom for a period of up to three years, or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

"4. The act provided by part one of this Article if it is commited by person, holding responsible state position in law enforcement agency, or the judge, - is punished by restriction of freedom for a period of up to seven years or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

11) in Article 370:

add with part of 2-1 following content:

"2-1. The same act made by the employee of law enforcement agency

it is punished by penalty at the rate to three thousand monthly settlement indicators or corrective works in the same size, or attraction to social jobs for a period of up to eight hundred hours, or restriction of freedom for a period of up to three years, or imprisonment for the same term, with confiscation of property, with lifelong deprivation of the right to hold certain positions or to be engaged in certain activities.";

the paragraph one of part four to state in the following edition:

"4. The acts provided by parts one, 2-1 or third this Article:

1) the entailed heavy effects;

2) commited by person, holding responsible state position in law enforcement agency, or the judge, -".

3. 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-І, 15-II, Art. 88; No. 19-І, 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; No. 24, Art. 126, 129; 2017, No. 1-2, of Art. 3; No. 8, Art. 16; No. 14, Art. 50, 53; No. 16, Art. 56; No. 21, Art. 98, 102; No. 24, Art. 115; 2018, No. 1, Art. 2; No. 10, Art. 32; No. 16, Art. 53, 56; No. 23, Art. 91; No. 24, Art. 93; 2019, No. 2, Art. 6; No. 7, Art. 36; No. 19-20, of Art. 86; No. 23, Art. 103; No. 24-І, Art. 118, 119; No. 24-II, Art. 120; 2020, No. 9, Art. 29; No. 10, Art. 44; No. 12, Art. 63; No. 16, Art. 77; The Law of the Republic of Kazakhstan of October 6, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 7, 2020; The Law of the Republic of Kazakhstan of November 16, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning protection of Frontier of the Republic of Kazakhstan and homeland security", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on November 17, 2020):

Headings of Chapter 25, of Articles 207 and 290 to state 1) in table of contents in the following edition:

"Chapter 25. Recognition of person by the suspect and determination of qualification of act of the suspect, qualification of criminal offense";

"Article 207. Change or amendment of qualification of act of the suspect, qualification of criminal offense";

"Article 290. Actions of the prosecutor in case of the termination of criminal case";

2) in Article 42-1:

the second to state part in the following edition:

"2. Person conducting criminal procedure taking into account opinion of participants of criminal procedure and technical capabilities has the right to conduct criminal trial in electronic format about what issues the motivated decree.

The opinion of the participant of criminal procedure is brought to person performing pre-judicial investigation, the judge in the form of the petition which is considered according to the procedure and the terms established by this Code.

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

The resolution on conducting criminal procedure in electronic format can be appealed by participants of criminal procedure according to the procedure, stipulated in Article the 100th of this Code.";

add with part three of the following content:

"3. When conducting criminal trial in paper format the body of pre-judicial investigation has the right to accept and send to the prosecutor for approval or approval proceeding decisions, and also in the cases provided by this Code, to notify the prosecutor on the made decisions and to send to the copy of the proceeding decisions and other criminal case file in electronic format except for requiring preserving confidentiality.";

3) in Article 45:

the eighth to state part in the following edition:

"8. After pronouncement of the resolution on interruption of terms of pre-judicial investigation person performing pre-judicial investigation within a day sends it to the prosecutor for review.";

add with part of 8-1 following content:

"8-1. The prosecutor within three days approves the resolution on interruption of terms of pre-judicial investigation or the motivated resolution refuses its approval and returns to person performing pre-judicial investigation with indication of about production of necessary investigative and legal proceedings. In case of approval by the prosecutor of the resolution on interruption of terms of pre-judicial investigation person performing pre-judicial investigation notifies on it participants of process.

In cases of need of reclamation and studying of the criminal case file the decision on approval or on refusal in approval is accepted by the prosecutor within ten days.";

Item 7) to state 4) to part two of Article 59 in the following edition:

"7) to direct to the prosecutor criminal cases with the indictment, and also the criminal cases ended according to the procedure of mandative production;";

5) Article 62 part five in paragraph one:

the words "approves the protocol on criminal offense" shall be replaced with words "the protocol on criminal offense";

replace the words "in court" with the word to "prosecutor";

exclude the words "on criminal cases about crimes of small weight";

6) in Article 64 part one:

1) to add Item with words ", approved with the prosecutor";

3) to add Item with words "the prosecutor or person performing the pre-judicial investigation approved with the prosecutor";

7) in Article 65:

in part one:

in Item 1) to exclude the words "on the case of crime of small weight";

in Item 2) shall be replaced with words the words "the protocol is approved" "the prosecutor approves the protocol";

4) to exclude Item;

in Item 3) to exclude parts six of the word "about cooperation";

To add Article 87 with parts 7-1 and 7-2 of the following content:

"7-1. The judge cannot take part in Trial Court by consideration of again arrived criminal case if he took part in consideration of criminal case in Trial Court concerning other accomplices of criminal offense earlier.

7-2. The judge of appeal and cassation instance cannot take part respectively in court of appeal and cassation instance if he took part in the previous consideration of criminal case concerning other accomplices of criminal offense.";

9) in Article 107:

add part one with Item 11) of the following content:

"11) about appointment or refusal in purpose of examination, or production of other investigative actions by criminal prosecution authority, except for secret investigative actions.";

the sixth to state part in the following edition:

"6. Consideration takes place in the closed judicial session, except for the questions specified in Items 1), 2) and 11) to part one of this Article which shall be considered in proceeding in open court if the investigative judge considered them in proceeding in open court.

The prosecutor and the suspect's defender participate in judicial session. Also can participate in meeting the suspect, his legal representative, the victim, his legal representative, the representative and other persons, whose rights and interests are infringed by the appealed decision which absence in case of the timely notice on time and the place of consideration of the claim, the petition of the prosecutor does not interfere with their judicial review.

In case, stipulated in Item 10) parts one of this Article, the list of persons participating in the closed judicial session is determined by the judge considering the claim, the petition.

Consideration of the questions provided by part of 1-1 this Article is made according to Article 234 of this Code.";

Part the sixteenth Article 191 after figures "145," to add 10) with the words "150 (part 1-1)";

11) in Article 192:

the paragraph one of part two to state in the following edition:

"2. The term of pre-judicial investigation is estimated from the moment of registration of a statement and the message in the Unified register of pre-judicial investigations about day of the direction of criminal case to the prosecutor with the resolution on the termination of criminal case, the indictment, the resolution on application of mandative production, the protocol on criminal offense or the resolution on case referral in court for consideration of question of application of enforcement powers of medical nature or about day of the conclusion the prosecutor of the procedural agreement in the form of the transaction on recognition of fault with the direction of case in court.";

third to state part in the following edition:

"3. In time, specified in part two of this Article, time does not join:

1) acquaintance of participants of criminal procedure with the criminal case file according to the procedure, stipulated in Article 296th of this Code;

2) findings of criminal case according to the claim of the suspect who was injured in court and prosecutor's office;

3) findings of criminal case at the prosecutor in connection with consideration of question of approval or approval of proceeding decisions and (or) actions of person performing pre-judicial investigation;

4) findings of criminal case at the prosecutor in connection with consideration of the petition for the conclusion of the procedural agreement.";

the seventh after words of "additional investigation" to add part with the words "or refusal in approval of the resolution on interruption of terms of pre-judicial investigation or the resolution on the termination of criminal case";

12) in Article 193:

in part one:

6) to add Item with the paragraph the second the following content:

"Approval and approval by the prosecutor are performed by the certificate of the resolution by the digital signature, and according to the proceeding decisions and actions which are drawn up in paper form, including requiring preserving confidentiality by putting down on the resolution of person performing pre-judicial investigation, marks "I approve", "I claim", certified by its signature;";

in Item 16) of the word "on cases on crimes of small weight claims" shall be replaced with words "the protocol on criminal offense,";

in Item 17) words "pre-judicial investigation on the bases provided by this Code" shall be replaced with words "criminal case or criminal prosecution in full or in part";

to add paragraph two of part two with Items 9), 10) and 11) of the following content:

"9) approval of the indictment, resolution on application of mandative production, the protocol on criminal offense, the bringing of the person accused to court and the direction of criminal case in court for consideration on the merits;

10) approval of the resolution of person performing pre-judicial investigation about the termination of criminal case or criminal prosecution in full or in part;

11) approval of resolutions on recognition of person by the suspect and about qualification of act of the suspect of the cases provided by this Code.";

in paragraph three of the word "and 8)" shall be replaced with words ", 8), 9) and 10)";

to add part three paragraph two after words of "pre-judicial investigation" with words ", uses the powers provided by part one of this Article, except as specified, provided by part two of this Article,";

Heading of Chapter 25 to state 13) in the following edition:

"Chapter 25. Recognition of person by the suspect and determination of qualification of act of the suspect, qualification of criminal offense";

14) in Article 202:

state part one in the following edition:

"1. In the presence of the data including provided by Items 1) - 4) parts two of article 128 of this Code, specifying that person committed crime if at the same time there is no need of application to it procedural detention, the body of pre-judicial investigation issues the decree on recognition of person by the suspect who with the criminal case file confirming its justification without delay goes to the prosecutor for review.";

add with part of 1-1 following content:

"1-1. The prosecutor without delay makes the decision on approval of the resolution on recognition of person the suspected or motivated resolution refuses its approval.";

in the paragraph the second shall be replaced with words parts two of the word "affirms the head" "it is approved with the head of body"; third to exclude part;

15) in Article 203:

in the paragraph the second shall be replaced with words parts one of the word "affirms the head" "it is approved with the head of body";

add with parts 1-1, 1-2 and 1-3 of the following content:

"1-1. Person performing pre-judicial investigation without delay after pronouncement of the resolution on qualification of act of the suspect sends it to the prosecutor for review, except as specified, provided by part 1-3 of this Article.

1-2. The prosecutor without delay makes the decision on approval of the resolution on qualification of act of the suspect or the motivated resolution refuses its approval.

1-3. In case of pronouncement of the resolution on qualification of act of the suspect detained according to article 128 of this Code, check of legality of the resolution and its approval are performed by the prosecutor along with the solution of question of approval of the petition for authorization of detention or house arrest.";

Part third of Article 204 to exclude 16);

17) in Article 207:

state heading in the following edition:

"Article 207. Change or amendment of qualification of act of the suspect, qualification of criminal offense";

state part one in the following edition:

"1. If in case of production of pre-judicial investigation there are bases for change or amendment of qualification of act of the suspect, qualification of criminal offense, the prosecutor, person performing pre-judicial investigation shall concerning the suspected person with observance of requirements of Article 204 of this Code and if the suspected person is not identified - with observance of part of 1-1 this Article to constitute respectively the new resolution on qualification of act of the suspect or the resolution on qualification of criminal offense which is subject to approval of the prosecutor.

The resolution on change or amendment of qualification of act of the suspect appears to the suspect according to the procedure, established by Articles 205, of the 206th of this Code.

Final qualification of act of the suspect and qualification of criminal offense are determined by date of the last resolution.";

add with part of 1-1 following content:

"1-1. In the resolution on change or amendment of qualification of criminal offense shall be specified: place and time of its creation; who constitutes the resolution; the description of the criminal offense made by unidentified person with indication of time and the place of its making, and also other circumstances which are subject to proof according to article 113 of this Code; the penal statute (Article, part, Item) according to which committed act is qualified.";

Articles 289 and 290 to state 18) in the following edition:

"Article 289. Actions of person performing pre-judicial investigation after the termination of pre-judicial investigation

1. In case of decision making about the termination of criminal case person performing pre-judicial investigation within a day sends the resolution and criminal case for approval to the prosecutor.

In case of the termination of criminal case the resolution goes to parts or criminal prosecution of certain suspects in full or to parts to the prosecutor for approval.

2. After receipt of the resolution approved by the prosecutor person making pre-judicial investigation notifies the suspect, his defender, the legal representative, the victim and his representative, the civil claimant, the civil defendant and their representatives on the termination and the bases of the termination of pre-judicial investigation.

Are explained to specified persons the right to study case papers and procedure for appeal of the resolution on the termination of pre-judicial investigation. According to the petition of these persons they are handed the copy of the resolution on the termination of the pre-judicial investigation or criminal prosecution approved by the prosecutor.

Article 290. Actions of the prosecutor in case of the termination of criminal case

1. By results of studying of the arrived criminal case with the resolution on its termination or resolutions on the termination of criminal case in part or criminal prosecution of certain suspects the prosecutor within ten days from the moment of their receipt accepts one of the following decisions:

1) is approved by the resolution on the termination of criminal case or criminal prosecution in full or in part;

2) the motivated resolution refuses approval of the resolution and returns to his face performing pre-judicial investigation with indication of about production of necessary investigative and legal proceedings;

3) dismisses criminal case or criminal prosecution in full or in part on other bases provided by Articles 35 and 36 of this Code.

2. In case of decision making, provided by Items 1) and 3) of part one of this Article, the resolution goes to the person making pre-judicial investigation for the notification of interested persons, and also execution of decisions on destiny of physical evidences, cancellation of measures of restraint, arrest to property, temporary discharge from position, other measures of procedural coercion, cancellation or further implementation of security measures.

In case of cancellation of the measure of restraint chosen concerning the suspect in the form of detention the copy of the resolution without delay goes the prosecutor for execution of administration of the place of detention.

3. According to the petition of persons specified in part two of article 289 of this Code, the prosecutor provides them access to materials of the dismissed criminal case.";

19) part the second Article 291 after the words "victim and his representative" to add with the words "civil claimant";

20) in paragraph one of part two of Article 341 of the word "time up to seven days" shall be replaced with words "reasonable time";

Part the fourth Article 366 to state 21) in the following edition:

"4. The challenge and examination in court of the witness and victim are not carried out in cases if their indications are deposited by the investigative judge according to the procedure, stipulated in Article the 217th of this Code.

In case of falling away by the time of consideration of the case in court of the bases which were the cause of deposition of indications in case of possibility of appearance of person in court, and also in case of voluntary declaration of will of the witness and the criminal procedure which was injured court according to the petition of participants has the right to cause and interrogate such persons, including with use of scientific and technical means in the video conference mode (remote interrogation).

Witnesses are not called and are not interrogated when carrying out the reduced legal proceedings.";

22) in Article 528:

the second to state part in the following edition:

"2. The chief of body of inquiry, having studied the protocol and the materials attached to it, makes one of the following actions:

1) is approved by the protocol on criminal offense and directs criminal case to the prosecutor;

2) refuses approval of the protocol and returns criminal case for inquiry production.

In case of detention of this Code suspected according to article 128 case on criminal offense goes to the prosecutor no later than twenty four hours before the detention expiration.";

add with part three of the following content:

"3. The prosecutor, having studied criminal case, no later than days, and on cases on which the suspect is detained according to article 128 of this Code, without delay makes on them one of the following actions:

1) is approved by the protocol on criminal offense and takes criminal case to court;

2) refuses approval of the protocol and dismisses criminal case or criminal prosecution in full or in part on the bases provided by Articles 35 and 36 of this Code and returns it for production of inquiry or pretrial investigation.

In case of detention of this Code suspected according to article 128 case on criminal offense is taken to court no later than twelve hours before the detention expiration.";

Part third of Article 623 to add 23) with the paragraph the second the following content:

"The judge's ruling issued at the same time can be appealed, reviewed according to the petition of the prosecutor in appeal procedure.";

Part the fourth Article 626 to add 24) with the paragraph the second the following content:

"The judge's ruling issued at the same time can be appealed, reviewed according to the petition of the prosecutor in appeal procedure.";

25) in Article 629-2:

part one in paragraph one:

figure "1". exclude;

9) to exclude Item;

in Item 10) to exclude the words "on cases on crimes of small weight-";

the second to exclude part;

26) in Article 629-3:

state part one in the following edition:

"1. On cases on criminal offenses and crimes of small weight the decree on application of mandative production issued by person performing pre-judicial investigation is subject to transfer to the chief of body of inquiry which, having without delay studied criminal case, accepts on it one of the following decisions:

1) is approved by the resolution on application of mandative production and directs criminal case to the prosecutor;

2) refuses approval of the resolution on application of mandative production and dismisses criminal case on the bases provided by Articles 35 and 36 of this Code;

3) refuses approval of the resolution on application of mandative production and returns criminal case for production of inquiry or pretrial investigation.

The decision on refusal in approval of the resolution on application of mandative production shall be motivated.";

the second to exclude part;

in part four:

1) of paragraph one to add Item with the words "with the simultaneous direction to the person accused, his defender (with its participation), to the victim, the civil claimant, the civil defendant of the copy of the resolution on application of mandative production";

paragraph two after words "the made decision" to add with words ", provided by Items 2), 3), 4) of paragraph one of this part,";

in word part five "parts two and third" shall be replaced with words "part four";

27) in Article 629-4:

in the paragraph the second part one:

1) to exclude Item;

in Item 2) to exclude the words "about crime of small weight";

5) to exclude Item;

in Item 6) to exclude the words "about crime of small weight";

in word part two "to person performing pre-judicial production or" to exclude;

28) in Article 629-6 part two:

in the paragraph the second to "body of pre-judicial production" to replace words with the word to "prosecutor";

add with the paragraph third the following content:

"The prosecutor, having received criminal case, sends it to body of pre-judicial investigation for production of further investigation.".

4. In the Law of the Republic of Kazakhstan of September 15, 1994 "About operational search activities" (Sheets of the Supreme Council of the Republic of Kazakhstan, 1994, No. 13-14, of Art. 199; 1995, No. 24, Art. 167; Sheets of Parliament of the Republic of Kazakhstan, 1996, No. 14, Art. 275; 1998, No. 24, Art. 436; 2000, No. 3-4, of Art. 66; 2001, No. 8, Art. 53; No. 17-18, of Art. 245; 2002, No. 4, Art. 32; No. 15, Art. 147; No. 17, Art. 155; 2004, No. 18, Art. 106; No. 23, Art. 142; No. 24, Art. 154; 2005, No. 13, Art. 53; 2007, No. 2, Art. 18; 2009, No. 6-7, of Art. 32; No. 17, Art. 83; No. 24, Art. 121; 2010, No. 10, Art. 48; 2011, No. 1, Art. 7; No. 20, Art. 158; 2012, No. 3, Art. 26; 2013, No. 1, Art. 2; 2014, No. 7, Art. 33; No. 14, Art. 84; No. 16, Art. 90; No. 21, Art. 118, 122; 2016, No. 23, Art. 118; No. 24, Art. 126; 2017, No. 8, Art. 16; No. 14, Art. 50; No. 21, Art. 102; 2018, No. 16, Art. 56; No. 22, Art. 83; 2019, No. 24-II, Art. 120; 2020, No. 12, Art. 63):

in the subitem 1) shall be replaced with words parts one of item 4 of Article 12 of the word "367 (parts one and the second)" "367 (part one)".

5. In the Law of the Republic of Kazakhstan of November 18, 2015 "About anti-corruption" (Sheets of Parliament of the Republic of Kazakhstan, 2015, No. 22-II, Art. 147; 2016, No. 2, Art. 9; No. 7-І, Art. 50; No. 22, Art. 116; 2017, No. 14, Art. 51; 2018, No. 24, Art. 93; 2019, No. 8, Art. 45; No. 15-16, of Art. 67; No. 21-22, of Art. 91; 2020, No. 14, Art. 75; The Law of the Republic of Kazakhstan of October 6, 2020 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning anti-corruption", published in the Egemen Kazakstan and Kazakhstan Truth newspapers on October 7, 2020):

1) in Item 1 of Article 12:

word in paragraph one "Articles 13, 14 and 15" shall be replaced with words "Articles 13, of 14, 14-1 and 15";

add with the subitem 5) of the following content:

"5) to opening and ownership of accounts (deposits) in the foreign banks located outside the Republic of Kazakhstan, to storage of cash and values in the foreign banks located outside the Republic of Kazakhstan.";

To add 2) with Article 14-1 of the following content:

"Article 14-1. Inadmissibility of opening, ownership of accounts (deposits), storages of cash and values in the foreign banks located outside the Republic of Kazakhstan

1. To persons holding responsible state position, to persons authorized on accomplishment of the state functions (except for deputies of maslikhats), to officials it is forbidden to open and have accounts (deposits) in the foreign banks located outside the Republic of Kazakhstan, to store cash and values in the foreign banks located outside the Republic of Kazakhstan.

Note. The restriction provided by this Item does not extend to the branches of nonresident banks of the Republic of Kazakhstan located in the territory of the Republic of Kazakhstan.

2. Persons specified in Item 1 of this Article within six months from the date of holding the post or falling away of the circumstances specified in item 4 of this Article shall close accounts (deposits) in the foreign banks located outside the Republic of Kazakhstan and (or) stop storage of cash and values in the foreign banks located outside the Republic of Kazakhstan. If persons specified in Item 1 of this Article cannot fulfill the requirements provided by part one of this Item in connection with arrest, the order prohibition imposed by competent authorities of foreign state according to the legislation of this foreign state in the territory of which there are accounts (deposits) and (or) storage of cash and values in foreign bank, or in connection with the force majeure circumstances (the spontaneous phenomena, military operations, emergency state, impossibility of early termination of validity about the bank account (contribution) and other circumstances) which are not depending on will of persons specified in Item 1 of this Article is performed, such requirements shall be fulfilled within six months from the date of cancellation of arrest, prohibition of the order or the termination of other circumstances with submission of the documents confirming the corresponding facts.

3. In case of obtaining as a result of inheritance acceptance according to the legislation of the Republic of Kazakhstan or the legislation of foreign state by persons specified in Item 1 of this Article, accounts (deposits), cash and values in the foreign banks located outside the Republic of Kazakhstan in ownership and (or) use specified persons shall within six months from the date of inheritance acceptance close accounts (deposits) and (or) stop storage of cash and values in the foreign banks located outside the Republic of Kazakhstan.

4. Provisions of Items 1, 2 and 3 these Articles do not extend to the persons specified in Item 1 of this Article, directed to work in foreign institutions, representations of the Republic of Kazakhstan and in the international organizations from the Republic of Kazakhstan, and also attached to the specified organizations for work in the specified organizations either studying abroad or passing training abroad or which are in foreign business trip or undergoing medical treatment abroad or being located abroad as the legal representative of the minor child or as the guardian or the custodian of full age person for study or treatment of the corresponding person abroad.

5. During the terms provided in this Article, persons specified in Item 1 of this Article having the right to submit the application for the termination of public service or other related activity at own will.";

Heading of Chapter 5 to state 3) in the following edition:

"Chapter 5. Final and transitional provisions";

Chapter 5 to add 4) with Article 26-1 of the following content:

"Article 26-1. Transitional provisions

1. Within six months from the date of enforcement of the anti-corruption restriction provided by the subitem 5) of Item 1 of Article 12 and article 14-1 of this Law, person to whom this anti-corruption restriction extends shall close accounts (deposits) in the foreign banks located outside the Republic of Kazakhstan and (or) stop storage of cash and values in the foreign banks located outside the Republic of Kazakhstan.

2. If persons specified in Item 1 of this Article cannot fulfill the requirements provided in Item 1 of this Article in connection with arrest, the order prohibition imposed by competent authorities of foreign state according to the legislation of this foreign state in the territory of which there are accounts (deposits) and (or) storage of cash and values in foreign bank, or in connection with the force majeure circumstances (the spontaneous phenomena, military operations, emergency state, impossibility of early termination of validity about the bank account (contribution) and other circumstances) which are not depending on will of persons specified in Item 1 of this Article is performed, such requirements shall be fulfilled within six months from the date of cancellation of arrest, prohibition of the order or the termination of other circumstances with submission of the documents confirming the corresponding facts.

3. Non-execution of the obligations provided by this Article persons specified in Item 1 of this Article is the basis for the termination of public service or other related activity by them.

During term, the stipulated in Item 2 these Articles, persons specified in Item 1 of this Article having the right to submit the application for the termination of public service or other related activity at own will.".

Article 2. This Law becomes effective after ten calendar days after day of its first official publication.

 

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