ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of March 29, 2022 No. 62

About modification and amendments in some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting

I ORDER:

1. Approve the enclosed list of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes and additions are made.

2. To provide to committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further – Committee):

1) state registration of this order in the Ministry of Justice of the Republic of Kazakhstan;

2) placement of the copy of this order on official Internet resource of the Prosecutor General's Office of the Republic of Kazakhstan;

3) the direction of the copy of this order to the interested subjects of legal statistics and special accounting for data, and also to territorial authorities of Committee for execution.

3. To impose control of execution of this order on the Chairman of Committee.

4. This order becomes effective after day of its first official publication.

Appendix

to the Order Attorney-General of the Republic of Kazakhstan of March 29, 2022 No. 62

The list of some orders of the Attorney-General of the Republic of Kazakhstan in the field of legal statistics and special accounting to which changes and additions are made

1. In the order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89 "About approval of Regulations of Admission and registration of a statement, the message or official report on criminal offenses, and also maintaining the Unified register of pre-judicial investigations" (it is registered in the Register of state registration of regulatory legal acts for No. 9744):

in Regulations of Admission and registration of a statement, the message or the official report on criminal offenses, and also maintaining the Unified register of the pre-judicial investigations (further – Rules) approved by the specified order:

state Item 2 in the following edition:

"2. In these rules the following concepts are used:

1) the book of accounting of information (further - KUI) – the automated database in which information on criminal offense is entered, including the reasons for the beginning of pre-judicial investigation listed in part one of Article 180 of the Code of penal procedure of the Republic of Kazakhstan (further – the Code of Criminal Procedure of RK);

2) the protected data carrier is device for safe storage of key information and biometric data for access to the Unified register of pre-judicial investigations;

3) the biometric reader - the specialized peripheral device for authentication of the user of system in biometric parameters of fingerprint;

4) the covered criminal offense is criminal offense or crime on which, despite availability of reasons for the beginning of pre-judicial investigation, the stipulated in Article 180 Codes of Criminal Procedure of RK, measures to its registration in the Unified register of pre-judicial investigations are not taken;

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

6) the repeated statement and the message – the statement and the message on the same criminal offense more than once;

7) the signature tablet - the specialized peripheral device consisting of the graphical tablet and the writing feather (stylus), allowing to create digital analog of the hand-written signature of its owner;

8) authorized person – the employee of control room of criminal prosecution authority, and also the official responsible for acceptance and accounting of information on criminal offenses;

9) information on criminal offense – information according to which it is necessary to make the decision on possibility of the beginning of pre-judicial investigation, including messages of unidentified person, and also reasons for the beginning of pre-judicial investigation listed in parts one of article 180 Code of Criminal Procedure RK, the statement and the message specified in part five of article 181 Code of Criminal Procedure RK;

10) accounting of information on criminal offense – fixing in KUI of information on criminal offense, including the occasions specified in the subitem 15) of this Item in the K-1 form "Accounting in KUI" (further – the K-1) form, according to appendix 1 to these rules, and also data on results of its permission according to Items 12 and 14 of these rules in the K-2 form "The decision on KUI" (further – the K-2) form, according to appendix 2 to these rules;

11) reception of an application, messages and information on criminal offense – obligatory acceptance of the occasions listed in part one of article 180 Code of Criminal Procedure RK, and also other information on criminal offenses by officials of criminal prosecution authorities;

12) registration of a statement, messages or the official report about criminal offense - registration in the Unified register of pre-judicial investigations of the occasions specified in the subitem 15) of this Item;

13) the user of the Unified register of pre-judicial investigations (further - the user) - the official who within the competence uses the Unified register of pre-judicial investigations for accomplishment of specific functions;

14) the Unified register of pre-judicial investigations (further - ERDR) - the automated database in which data on the reasons for the beginning of pre-judicial investigation listed in part one of article 180 Code of Criminal Procedure RK proceeding decisions made on them, the made actions, movement of criminal proceedings, applicants and participants of criminal procedure are entered and also is performed conducting criminal trial in electronic format at stage of pre-judicial investigation;

15) reasons for the beginning of pre-judicial investigation – the statement, surrender, the message, the official report for criminal offense listed in the parts one of article 180 Code of Criminal Procedure RK which are drawn up according to requirements of articles 181-184 Codes of Criminal Procedure RK;

16) person which lost communication with relatives – the person which owing to the different reasons is not maintaining any relations with relatives and not reporting data on the location concerning which the statement for search arrived;

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

18) person, missing (the disappeared person is unknown) – person which disappeared suddenly without any reasons to that which location is unknown and concerning it arrived the statement, the message or the official report for his search;

19) the digital signature (further - the EDS) – set of electronic digital symbols created by means of the digital signature and confirming reliability of the electronic document, its accessory and invariance of content;

20) the electronic information accounting document (form) – the carrier of legal statistical information based on which data of the state legal statistics and special accounting are created;

21) the SMS notification - the functionality of ERDR allowing through mobile communication and (or) e-mail to send text messages to participants of criminal procedure for their notification or appearance to person conducting criminal procedure;

22) the public sector – the functionality of ERDR allowing the participant of criminal procedure by means of the Internet with observance of requirements of information security and confidentiality to get remote access to the available and other data to ERDR on the made proceeding decisions, the criminal case file concerning itself or about the face protected by it, to make complaints and petitions;

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

state Item 13-2 in the following edition:

"13-2. According to the statements, messages or official reports for criminal offenses transferred on territoriality (jurisdiction) the K-2 form with investment of the copies of the applications, messages, official reports and documents enclosed to these applications, messages, official reports, except for requiring ensuring confidentiality is filled.

Data on receipt of statements, messages or official reports on the criminal offenses transferred on territoriality (jurisdiction) are entered by authorized person without delay from the moment of the actual receipt of material, without repeated registration into KUI, with filling of the K-2 form.

On the material accepted on territoriality (jurisdiction) one of the decisions provided by Items 13 and 14 of these rules is accepted, at the same time the term of consideration is estimated from the moment of the actual receipt of material.";

to state heading of Chapter 7 in the following edition:

"Chapter 7. Form on the physical evidence, condemned property and accounting of representations";

state Item 51 in the following edition:

"51. The form of accounting of the withdrawn and destroyed drugs, psychotropic or toxic agents, precursors (further - Scientific Production Enterprise), other physical evidences on case, condemned property and accounting of representations according to appendix 16 to these rules is filled in case of withdrawal, transfer and destruction of physical evidences, confiscation of property on criminal case, and also the brought representations according to the procedure of article 200 Code of Criminal Procedure RK and results of their consideration.";

add with Item 53-1 of the following content:

"53-1. Reliability of filling of details about the brought representations according to the procedure of article 200 Code of Criminal Procedure RK and results of their consideration, and also data on condemned property, is provided with person performing pre-judicial investigation.";

add with Chapter 9-1 of the following content:

"Chapter 9-1. Form on the participant of criminal procedure

55-1. The form on the participant of criminal procedure according to appendix 18-1 to these rules is filled on the following participants of criminal procedure: the suspect, the person accused, the defendant, the victim, the defender, the lawyer, the representative of the victim and the suspect in the presence of supporting documents from the moment of acquisition of the procedural status by them separately, taking into account requirements of article 201 Code of Criminal Procedure RK.";

appendix 11 to the specified Rules to be reworded as follows according to appendix 1 to this List;

appendix 12 to the specified Rules to be reworded as follows according to appendix 2 to this List;

appendix 13 to the specified Rules to be reworded as follows according to appendix 3 to this List;

appendix 16 to the specified Rules to be reworded as follows according to appendix 4 to this List;

appendix 18 to the specified Rules to be reworded as follows according to appendix 5 to this List;

add with appendix 18-1 in edition according to appendix 6 to this List.

2. In the order of the Attorney-General of the Republic of Kazakhstan of October 1, 2014 No. 101 "About approval of form of the statistic report "About the Offences Connected with Drug Trafficking, Psychotropic and Toxic Agents, Precursors, Their Analogues and Physical Evidences on Criminal Cases" and Instruction for its forming" (it is registered in the Register of state registration of regulatory legal acts for No. 9859):

state heading in the following edition:

"About approval of report form "About the offenses connected with drug trafficking, psychotropic and toxic agents, precursors, their analogs and physical evidences, condemned property on criminal cases" and Instructions for its forming";

state Item 1 in the following edition:

"1. Approve:

1) report form "About the offenses connected with drug trafficking, psychotropic and toxic agents, precursors, their analogs and physical evidences, condemned property on criminal cases" according to appendix 1 to this order;

2) the Instruction for report generation "About the offenses connected with drug trafficking, psychotropic and toxic agents, precursors, their analogs and physical evidences, condemned property on criminal cases" according to appendix 2 to this order.";

in the form of the statistic report "About the Offences Connected with Drug Trafficking, Psychotropic and Toxic Agents, Precursors, Their Analogues and Physical Evidences on Criminal Cases" approved by the specified order:

state heading in the following edition:

"Report" on the offenses connected with drug trafficking, psychotropic and toxic agents, precursors, their analogs and physical evidences, condemned property on criminal cases";

be reworded as follows Section 1 according to appendix 7 to this List;

add with Section 9 in edition according to appendix 8 to this List;

in the Instruction for forming of the statistic report "About the Offences Connected with Drug Trafficking, Psychotropic and Toxic Agents, Precursors, Their Analogues and Physical Evidences on Criminal Cases" approved by the specified order:

state heading in the following edition:

"The instruction for report generation "About the offenses connected with drug trafficking, psychotropic and toxic agents, precursors, their analogs and physical evidences, condemned property on criminal cases";

state Item 1 in the following edition:

"1. This Instruction establishes single procedure for report generation "About the offenses connected with drug trafficking, psychotropic and toxic agents, precursors, their analogs and physical evidences, condemned property on criminal cases" (further - the report).";

state Item 2 in the following edition:

"2. Subjects of the report are bodies, the stipulated in Article 3 Laws of the Republic of Kazakhstan "About law-enforcement service" and article 3 of the Law of the Republic of Kazakhstan "About special state bodies", the Ministry of Health of the Republic of Kazakhstan.";

state Item 3 in the following edition:

"3. The bases of report generation are data:

1) electronic information accounting documents (further – form) the Unified register of the pre-judicial investigations (further – ERDR) filled by subjects of legal statistics and special accounting according to the order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89 "About approval of Regulations of Admission and registration of a statement, the message or the official report about criminal offenses and also maintaining the Unified register of pre-judicial investigations" (it is registered in the Register of state registration of regulatory legal acts for No. 9744) (Sections 1, of 2, of 3, of 4, of 6, of 8, of 9);

2) information accounting documents of forms 1-AB "About initiation of proceedings about administrative offense" and 1-AP "About the course of movement, consideration of the case about administrative offense and about procedure for execution of administrative punishment" (further – form), approved by the order of the acting as the Attorney-General of the Republic of Kazakhstan of July 10, 2020 No. 85 "About approval of Rules of maintaining the Unified register of administrative productions" (it is registered in the Register of state registration for No. 20962) (the Section 5);

3) Ministries of Health of the Republic of Kazakhstan, Ministry of Internal Affairs of the Republic of Kazakhstan (Section 7).";

state item 4 in the following edition:

"4. The report consists of the summary report on offenses on the region and reports on each subject of this region.";

exclude Item 5;

state Item 6 in the following edition:

"6. Chiefs of territorial authorities of Committee provide reliability of the arriving data in information systems of Committee on places.";

state Item 7 in the following edition:

"7. The summary report on the republic, and also on the region and each subject are created quarterly with the accruing result in the automated mode in central office of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further – Committee).

After final loading of forms in ERDR, ERAP till 00:00 o'clock (on time of the city of Nour-Sultan) the last day of the accounting period calculation of the report created for certain period of time (statistical cut) is made.

In the approved report created for certain period of time (statistical cut) introduction of adjustments is forbidden.

Section 7 of the report is submitted subjects in territorial authorities of the Committee to 1 date following the accounting period, territorial authorities of the Committee in Committee to the 4th following the accounting period.";

state Item 8 in the following edition:

"8. The committee directs the report to subjects, the Prosecutor General's Office of the Republic of Kazakhstan to the 8th, following the accounting period, in electronic format to their official e-mail addresses.

If the termination of term is necessary on non-working (output, festive) day, then is considered the first, following it, working day last afternoon of term.";

state Item 11 in the following edition:

"11. In column 2 the quantity of the criminal offenses registered in the accounting period irrespective of who begins pre-judicial investigation is specified: body of inquiry, investigator, prosecutor. In case of the beginning of pre-judicial investigation by one criminal prosecution authority and the subsequent transfer to other body for competence in this column the criminal offense is specified in the report of the body which began pre-judicial investigation.

In column 4 the quantity of criminal offenses, cases on which for the first time are taken to court according to the procedure of articles 305, of 528 Codes of Criminal Procedure of RK and for application of enforcement powers of medical nature according to the procedure of article 518 Code of Criminal Procedure RK, irrespective of time of registration of criminal offense, is reflected.

In columns 5-6 the quantity of criminal offenses about which are dismissed cases on the bases specified in Items 3), 4), 9), 10), 11), 12) to part one of Article 35 and article 36 Code of Criminal Procedure RK is specified.

In columns 7-16 the total quantity of criminal offenses on which terms of pre-judicial investigation in the accounting period are interrupted is reflected.

In column 17 the quantity of criminal offenses on cases on which the term of pretrial investigation or inquiry established by the Code of Criminal Procedure of RK expired is specified, and information on its prolongation is not entered into ERDR.";

state Item 12 in the following edition:

"12. In columns 18, of 19, of 20, of 21, of 22, 23 reports contain data on the registered criminal offenses on the ended cases made by minors or group of persons in condition of narcotic excitement, and also organized group or criminal society.

In column 24 the quantity of the criminal offenses revealed using office and search dogs is considered.

The quantity of the criminal offenses registered concerning law enforcement officers in the accounting period is reflected in column 25.

In column 26 the quantity of the registered criminal offenses revealed by the "controlled delivery" method in the accounting period from them in the column 27 "internal", in the column 28 "external" is reflected.";

exclude Item 19;

exclude Item 20;

exclude Item 21;

add with Chapter 12 of the following content:

"Chapter 12. Data on withdrawal of the property which is subject to confiscation and income gained in the criminal way on the ended cases (Section 9 of the report).

33. Section 9 contains data on withdrawal of the property which is subject to confiscation and income gained in the criminal way on the ended cases on versions and quantity, the amounts.".

3. In the order of the Attorney-General of the Republic of Kazakhstan of October 1, 2014 No. 102 "About approval of report form No. 1-E "About work of criminal prosecution authorities" and Instructions for its creation" (it is registered in the Register of state registration of regulatory legal acts for No. 9852):

state heading in the following edition:

"About approval of report form No. 1-E "About work of criminal prosecution authorities" and Instructions for its forming";

in report form "About work of criminal prosecution authorities", approved by the specified order:

be reworded as follows table 1 according to appendix 9 to this List;

be reworded as follows table 2 according to appendix 10 to this List;

be reworded as follows table 4 according to appendix 11 to this List;

be reworded as follows table 7 according to appendix 12 to this List;

in the Instruction for report generation No. 1-E "About work of criminal prosecution authorities", approved by the specified order:

state Item 2 in the following edition:

"2. Subjects of the report are bodies, the stipulated in Article 3 Laws of the Republic of Kazakhstan "About law-enforcement service" and article 3 of the Law of the Republic of Kazakhstan "About special state bodies.";

to state heading of Chapter 3 in the following edition:

"Chapter 3. Structure and procedure for report generation";

state Item 13 in the following edition:

"13. Data on the ended criminal cases (the main cases, and also the criminal cases on the ended episodes attached to the main cases), including in electronic format are distributed in the lines with 21 on 53.";

state Item 14 in the following edition:

"14. In lines with 54 on 55 the cases directed on competence, in lines with 56 on 59 – the criminal cases directed to the prosecutor for review of interruption of criminal case in lines with 60 on 61 – data on work of the chief of body of inquiry on application of mandative production are reflected, in line 62 - it is refused by the chief of body of inquiry approval of the resolution of the protocol of accusation, in lines with 63 on 66 – the criminal cases taken by the prosecutor to court.";

state Item 15 in the following edition:

"15. Petitions of criminal prosecution authorities for investigative actions are specified in lines with 71 on 98.";

state Item 15-1 in the following edition:

"15-1. In line 99 the conclusions on production about the confiscations of property directed to the prosecutor according to the procedure of part five of Article 668 of the Code of penal procedure of the Republic of Kazakhstan are reflected (further - the Code of Criminal Procedure of RK).";

add with Item 15-2 of the following content:

"15-2. In line 100 the representations brought in state bodies according to the procedure of article 200 Code of Criminal Procedure RK, with breakdown on their consideration, including with the broken term, on them brought to disciplinary and administrative responsibility, reflected in the lines 101-104 are reflected.";

state Item 30 in the following edition:

"30. The specified table contains data on the number of criminal cases according to which terms of pre-judicial investigation according to the procedure of article 45 Code of Criminal Procedure RK are interrupted and consists of 8 columns and 60 lines.";

state Item 32 in the following edition:

"32. In line 1 criminal cases on which terms of pre-judicial investigation according to the procedure of article 45 Code of Criminal Procedure RK, with breakdown on the bases reflected in the lines 2-10 are interrupted are reflected.";

state Item 33 in the following edition:

"33. In line 11 all criminal cases resumed from among the interrupted terms of pre-judicial investigation by body with breakdown for the bases of article 45 Code of Criminal Procedure RK reflected in the lines 12-20 are considered.";

state Item 34 in the following edition:

"34. From line 11 in lines 21-29 the last proceeding decision on the criminal cases resumed by body from among the interrupted terms of pre-judicial investigation is reflected; in line 21 – about interruption of terms of pre-judicial investigation; in line 22 – about the termination of criminal case; in line 23 – including about the termination on Items 1), 2), 5), 6), 7), 8) parts one and parts two of article 35 Code of Criminal Procedure; in line 24 – about the direction to the prosecutor for approval of the indictment; in line 25 – about the direction to the prosecutor for acceptance of enforcement powers of medical nature; in line 26 – it is ended in the form of the accelerated pre-judicial production; in line 27 – it is ended according to the procedure of the conclusion of the procedural agreement on recognition of fault; in line 28 – it is ended in protocol form; in line 29 – other proceeding decisions (connection, allocation, the direction on competence).";

state Item 35 in the following edition:

"35. In line 30 the remaining balance of criminal cases on which terms of pre-judicial investigation, from line 30 in lines 31-39 with breakdown on the bases of article 45 Code of Criminal Procedure RK are interrupted is displayed.";

state Item 36 in the following edition:

"36. In line 40 the number of the made proceeding decisions after refusal by the prosecutor in approval of the resolution on interruption of terms of pre-judicial investigation is displayed.";

state Item 37 in the following edition:

"37. From line 40 the made proceeding decisions are reflected in lines with 41 on 49.";

add with Item 37-1 of the following content:

"37-1. In line 50 the number of the repealed resolutions on interruption of terms of pre-judicial investigation is displayed.";

add with Item 37-2 of the following content:

"37-2. From line 50 the made proceeding decisions are reflected in lines with 52 on 60.";

state Item 56 in the following edition:

"56. Persons who were held in custody on the ended criminal cases with breakdown on terms of content are distributed in lines 72-77. Account of indicators of these lines is kept on EIUD where the decision on the direction in court is reflected and concerning person the measure of restraint in the form of detention is chosen, at the same time the last decision concerning this person is considered.

The number of persons who are held in custody on unfinished cases is distributed in lines 78-83.";

state Item 70 in the following edition:

"70. In line 1 the total quantity of persons to whom any measure of restraint was applied is reflected or the resolution on qualification of its acts is announced, and then production in the accounting period is stopped by criminal prosecution authorities or court on Items 1), 2), 5), 6), 7), 8) of parts one and the second article 35 Code of Criminal Procedure RK if persons were late according to the procedure of articles 131, of 139 Codes of Criminal Procedure of RK or persons were held in custody according to the procedure of articles 146, of 147 Codes of Criminal Procedure of RK.

In lines 1, of 3, 10 and 19 persons considered last years except cases of repeated attraction of persons to criminal liability do not join in the accounting period.";

state Item 77 in the following edition:

"77. This table consists of 4 columns and 34 lines and reflects data on the proceeding decisions on the criminal cases brought concerning minors which are in production and made.";

state Item 82 in the following edition:

"82. In line 6 in the lines with 7 on 15 the number of cases on which terms of pre-judicial investigation with breakdown on the bases of article 45 Code of Criminal Procedure RK are interrupted is reflected.";

state Item 83 in the following edition:

"83. In line 16 the criminal cases submitted on competence are reflected.";

state Item 84 in the following edition:

"84. The number of the ended criminal cases in the accounting period is reflected in line 17.";

state Item 85 in the following edition:

"85. The number of the ended criminal cases over the stipulated in Clause 192 Codes of Criminal Procedure of RK is reflected in time in line 18.";

state Item 86 in the following edition:

"86. From line 17 in lines 19-21 the number of the criminal cases directed to the prosecutor with the indictment for taking measures of medical nature and the stopped criminal cases is reflected.";

state Item 87 in the following edition:

"87. The bases of the termination of criminal cases are reflected in lines 22-34.".

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