LAW OF THE REPUBLIC OF KAZAKHSTAN

of December 27, 2021 No. 88-VII ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning implementation of three-unit model with differentiation of powers and zones of responsibility between law enforcement agencies, prosecutor's office and court

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

1. In the Criminal Code of Kazakhstan of July 3, 2014:

regarding 1-1 article 467 of figure "2022" to replace with figures "2027".

2. In the Code of penal procedure of the Republic of Kazakhstan of July 4, 2014:

1) in Article 7:

add with Item 40-1) of the following content:

"40-1) report on completion of pre-judicial investigation - the short conclusions of person performing pre-judicial investigation based on collected actual data about completion of pre-judicial investigation and the direction of case to the prosecutor for creation of the indictment and the direction of case in court;";

54) to state Item in the following edition:

"54) the protocol - the procedural document in which the legal proceeding made by the body conducting criminal procedure is fixed, and in the cases which are directly provided by Articles of this Code - the proceeding decision of person performing pre-judicial investigation;";

Part the seventh Article 45 to add 2) with Items 8) and 9) of the following content:

"8) force majeure, temporarily interfering further criminal proceeding;

9) appointments on criminal case of examination.";

The first and second Article 52 to state 3) to part in the following edition:

"1. Consideration of criminal cases in Trial Courts is performed solely by the judge, and on cases on crimes for which making the penal statute provides lifelong imprisonment, and also on cases on the crimes provided by Articles 125 (part three), 128 (part four), 132 (part five), 135 (part four) on the petition of the person accused - as a part of one judge and ten jury members, except for cases on the murders committed in the conditions of emergency situation and during mass riots on the military crimes committed in wartime or fighting situation about especially serious crimes against sexual integrity of minors and about the crimes provided by Articles 170 (part four), 175, of 177, of 178, of 184, 255 (part four), 263 (part five), 286 (part four), 297 (part four), 298 (part four) 299 (part four) of the Criminal Code of Kazakhstan.

2. Consideration of criminal cases about heavy and especially serious crimes 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 and average weight, concerning execution of sentence, the resolution of the investigative judge - the judge solely.

In the absence of the chairman of appeal board in connection with stay in business trip, leave or due to illness by joint consideration of the specified cases the judge of board to whom the chairman of justices assigns fulfillment of duties of the chairman of appeal board presides.

If the chairman of appeal board cannot be involved in consideration of the case in appellate instance on the bases, stipulated in Article the 87th of this Code, or in connection with availability of other circumstances, then according to its order by joint consideration of this case one of judges of board presides.";

4) in Article 58:

state part one in the following edition:

"1. The prosecutor - the official exercising supervision of legality of operational search activities, inquiry, the investigation and judgments within the competence and also on behalf of the state criminal prosecution at all stages of criminal procedure and other powers according to article 83 of the Constitution of the Republic of Kazakhstan and with this Code: The Attorney-General of the Republic of Kazakhstan, the first deputy, deputy attorneys general of the Republic of Kazakhstan, their senior assistants and assistants, Main military and Main transport prosecutors of the Republic of Kazakhstan, prosecutors of areas, cities of republican value, the capital and their deputies, chiefs of structural divisions, their deputies, senior assistants and assistants, the senior prosecutors and prosecutors of managements and departments, prosecutors of areas, cities and the prosecutors equated to them, their deputies, the senior prosecutors and prosecutors acting according to the powers established by this Code. The prosecutor participating in consideration of criminal case by court represents the interests of the state by maintenance of accusation and is the state prosecutor.";

part the fourth:

after the words "are determined by Articles" to add with words "158 (part eight), 165 (part eight)";

after figures "192," to add with the words "192-2 (parts six and the seventh)";

after words "196 (part two)" to add with figures "202, 203,";

after figures "302," to add with figures "302-1,";

5) in Article 59:

7) to state Item to part two in the following edition:

"7) to direct to the prosecutor criminal cases with the report on completion of pre-judicial investigation, the protocol of the accelerated pre-judicial investigation, and also the criminal cases ended according to the procedure of mandative production;";

the fourth to state part in the following edition:

"4. Instructions of the chief of investigative department of case cannot limit independence of the investigator, its right, stipulated in Clause the 60th of this Code. Instructions are obligatory for execution, but can be appealed to the higher chief of investigative department or the prosecutor. Appeal by the investigator of actions of the chief of investigative department does not stop their execution, except for instructions about qualification of act of the suspect and amount of suspicion, the direction of criminal case to the prosecutor with the report on completion of pre-judicial investigation or the termination of criminal case.";

Shall be replaced with words 6) in part three of Article 60 of the word of "indictment" "the report on completion of pre-judicial investigation";

Part the fifth Article 62 to state 7) in the following edition:

"5. The chief of body of inquiry approves resolutions on initiation of the petition for property attachment, the announcement of the international search, the direction of the suspect, the person accused, not being held in custody, in the medical organization for production of stationary medicolegal or forensic-psychiatric examination, election concerning the suspect accused measures of restraint in the form of detention, prolongation of term of detention; change or cancellation of measure of restraint in the form of detention; production of search; discharge of the suspect accused from position; you will lock on approach; convoy of the suspect, person accused; announcement of search of the suspect, person accused; approves the protocol on criminal offense; approves the protocol on detention of persons suspected of making of criminal offenses, the resolution on the termination of pre-judicial investigation; approves the report on completion of pre-judicial investigation, the protocol of the accelerated pre-judicial investigation, the protocol of accusation and directs criminal case to the prosecutor; directs to the prosecutor criminal cases about criminal offenses in protocol form and according to the procedure of mandative production; approves resolutions on application of mandative production and sends them to the prosecutor; provides taking measures to elimination of the circumstances promoting making of criminal offenses.

In the cases provided by this Code the chief of body of inquiry notifies the prosecutor on establishment of the circumstances allowing to sign the procedural agreement.

In the presence of the bases provided by this Code the chief of body of inquiry applies mandative production.";

8) in Article 63:

third after figures "191" to add part with figures ", 192-1 and 192-2";

in word part six "the direction of case with the indictment to the prosecutor" shall be replaced with words "the direction of criminal case to the prosecutor with the protocol of accusation, the report on completion of pre-judicial investigation";

9) in Article 64 part one:

Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info