ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of January 9, 2023 No. 13

About approval of report form "About consideration of the applications, messages and other information on criminal offenses", Instructions for its forming

According to the subitem 22) of article 9 of the Constitutional law of the Republic of Kazakhstan "About prosecutor's office", the subitem 12) of article 6 of the Law of the Republic of Kazakhstan "About the state legal statistics and special accounting" I ORDER:

1. Approve:

1) report form "About consideration of the applications, messages and other information on criminal offenses" according to appendix 1 to this order;

2) the Instruction for report generation "About consideration of the applications, messages and other information on criminal offenses" according to appendix 2 to this order.

2. Declare invalid the order of the acting as the Attorney-General of the Republic of Kazakhstan of January 15, 2020 No. 11 "About approval of report form "About consideration of the applications, messages and other information on criminal offenses" (it is registered in the Register of state registration of regulatory legal acts for No. 19886).

3. 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 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.

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

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

It is approved Ministry of Internal Affairs of the Republic of Kazakhstan

It is approved Committee of homeland security of the Republic of Kazakhstan

It is approved Financial monitoring agency of the Republic of Kazakhstan

It is approved Anti-corruption agency of the Republic of Kazakhstan (Anti-corruption service)

It is approved Service of the state protection of the Republic of Kazakhstan

Appendix 1

to the Order of the Attorney-General of the Republic of Kazakhstan of January 9, 2023 No. 13

form

The report "About consideration of the applications, messages and other information on criminal offenses"

Name		Code of line	Remaining balance of unconsidered statements, messages and other information on criminal offenses for the beginning of the accounting period	The number of the statements registered in the accounting period, messages and other information on criminal offenses	It is accepted from among transferred	It is accepted decisions	from them:
							about registration of statements, messages and other information in the Unified register of pre-judicial investigations (further - ERDR)	it is left without consideration and it is stored in nomenclature case	it is sent to authorized state body or to the official according to part 5 of Article 181 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure of RK)	it is sent to authorized body (official) which competence includes consideration of questions of involvement of the perpetrator to administrative or disciplinary responsibility	it is attached to the Book of accounting of information	it is attached to ERDR	It is taken to court for consideration in private procedure
And		B	1	2	3	4	5	6	7	8	9	10	11
In total arrived statements, messages and other information on criminal offenses		1
	written application of physical person or legal entity	2
	oral statement of physical person or legal entity	3
	message of the official of body or organization	4
	surrender	5
	the message in mass media	6
	official report of the official	7
	message of the Center of operational information	8
	statement of unidentified person	9
	the initiative official report of the official (it is revealed by the employee during the operational search action)	10
	arrived from authorized state body which earlier directionally according to the procedure of part 5 of article 181 Code of Criminal Procedure RK	11
The number of statements, messages and other information on criminal offenses in the home sphere		12
The number of statements, messages and other information on criminal offenses within tax audit		13
The number of statements, messages and other information on criminal offenses against the personality		14
The number of statements, messages and other information on criminal offenses against family and minors		15
The number of statements, messages and other information on criminal offenses against the constitutional and other rights and freedoms of man and citizen		16
The number of statements, messages and other information on criminal offenses against the world and safety of mankind		17
The number of statements, messages and other information on criminal offenses against bases of the constitutional system and safety of the state		18
The number of statements, messages and other information on criminal offenses against property		19
The number of statements, messages and other information on criminal offenses in the field of informatization and communication		20
The number of statements, messages and other information on criminal offenses in the field of economic activity		21
The number of statements, messages and other information on criminal offenses against interests of service in commercial and other organizations		22
The number of statements, messages and other information on criminal offenses against public safety and public order		23
The number of statements, messages and other information on criminal offenses against health of the population and morality		24
Number of statements, messages and other information on medical criminal offenses		25
Number of statements, messages and other information on environmental criminal offenses		26
The number of statements, messages and other information on the criminal offenses made on transport		27
The number of statements, messages and other information on the criminal offenses connected with corruption and against interests of public service and public administration		28
The number of statements, messages and other information on criminal offenses against procedure for management		29
The number of statements, messages and other information on criminal offenses against justice and procedure for execution of the punishment		30
Number of statements, messages and other information on military criminal offenses		31
Number of statements, messages and other information on tortures		32
The number of the statements, messages and other information connected with human trafficking		33

Continuation of the table

from them:		consideration terms				it is transferred on territoriality, but decisions according to statements, messages are not made	In total it is revealed the statements covered from accounting, messages and other information on criminal offenses
It is returned for reduction in compliance with requirements of part 3 of article 181 Code of Criminal Procedure RK	it is transferred on territoriality, jurisdiction	The decision within 24 hours is made	It is accepted decisions with violation of daily term	Decisions are not made	including:
					terms expired
12	13	14	15	16	17	18	19

 

Appendix 2

to the Order of the Attorney-General of the Republic of Kazakhstan of January 9, 2023 No. 13

The instruction for report generation "About consideration of the applications, messages and other information on criminal offenses"

Chapter 1. General provisions

1. This Instruction for report generation "About consideration of the applications, messages and other information on criminal offenses" determines basic provisions of report generation about statements, messages and other information on criminal offenses (further – the report).

2. Purpose of the report consists in accounting, accumulating and systematization of the legal statistical information characterizing structure of the statements arriving in subjects of the report, messages and other information on the criminal offenses registered in the Book of accounting of information (further - KUI) and results of their consideration, terms and justification of the decisions made on them.

3. Subjects of the report are the state bodies provided by the laws of the Republic of Kazakhstan "About law-enforcement service" and "About special state bodies" (further - subjects of legal statistics).

4. The report is created based on the K-1 forms "Accounting in KUI", according to appendix 1 to 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 approved by the order of the Attorney-General of the Republic of Kazakhstan of September 19, 2014 No. 89 (it is registered in the Register of state registration of regulatory legal acts for No. 9744) (further – Rules) and K-2 "The decision on KUI", according to appendix 2 to Rules (further – forms).

5. The procedure for acceptance and registration of a statement, the message or official report on criminal offenses is regulated by Rules.

6. The report consists of the summary report on the republic, on regions, on each subject of legal statistics.

Chiefs of territorial authorities of Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan (further – Committee) provide reliability of the arriving data in information systems of Committee on places.

Chapter 2. Report generation terms

7. Reports are created monthly with the accruing result in the automated mode in central office of Committee.

After final loading of forms in information systems of Committee till 00:00 o'clock (on time of the city of Astana) 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 any adjustments is forbidden.

8. The committee monthly to the 4th, following the accounting period, directs reports in electronic format to official e-mail addresses of subjects of legal statistics and structural divisions of the Prosecutor General's Office of the Republic of Kazakhstan.

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.

Chapter 3. Structure and procedure for report generation

9. The report reflects data on the registered statements, messages and other information on criminal offenses subjects of legal statistics and also on which for the beginning and the end of the accounting period decisions, terms of their consideration are not made.

10. In column 1 with the accruing result are specified remaining balance of unconsidered statements, messages and other information on criminal offenses for the beginning of accounting year on which decisions are not made.

11. In column 2 the number of the statements registered in the accounting period, messages and other information on criminal offenses in KUI is reflected.

12. The amount of indicators of unconsidered statements, messages and other information about criminal offenses for the beginning of accounting year (the column 1) and the number of the statements registered in the accounting period, messages and other information on criminal offenses (the column 2) shall equal to the amount of indicators according to the made decisions.

In column 3 the number of the adopted statements, messages and other information on criminal offenses in KUI from among transferred is reflected.

13. In column 4 statements, messages and other information on criminal offenses according to which subjects of legal statistics make decisions are considered.

14. In column 5 from total quantity of the made decisions the number of the registered statements and messages and other information on criminal offenses in the Unified register of pre-judicial investigations is specified.

15. In column 6 are considered not proved to be true information with the made decisions on write-off in nomenclature case which is stored further in nomenclature case (job specification) (from column indicator 4).

16. Statements, messages and other information on criminal offenses on which the decision by part 5 of Article 181 of the Code of penal procedure of the Republic of Kazakhstan is made (further, – the Code of Criminal Procedure of RK) are reflected in column 7 of the report.

17. In the presence of other bases according to the statement and the message, and other information on criminal offenses decisions as regards the 4th article 179 Code of Criminal Procedure RK which are reflected in column 8 are made.

18. In columns 9, 10 statements, the messages and other information on criminal offenses attached to earlier registered in KUI on one fact are considered.

At the same time the proceeding decisions made on them are not considered.

19. Data on the number of statements, messages, and other information on the criminal offenses taken to court in private procedure are reflected in column 11.

20. Columns 12, 13 contain data on the direction of statements and messages, and other information on criminal offenses on territoriality or jurisdiction if consideration of information is within the competence of other subject of legal statistics.

21. Data on terms of consideration of the applications, messages and other information on offenses are reflected in columns 14-17, including in column 14 - in time during twenty four (24) hours, 15 – with violation of daily term, 16 – according to unaccepted decisions, 17 – including on which terms expired (from the column 16).

22. In column 18 data according to the statements and messages on criminal offenses directed on territorialities on which the decision is not made are reflected.

23. In column 19 the number of statements and messages, and other information on the criminal offenses covered from registration, but afterwards revealed and registered properly are reflected. Data about the covered statements and messages, and other information on criminal offenses are considered and registered in the report of that division of the subject of legal statistics in which violation of accounting and registration discipline is revealed.

24. In line 1 are reflected total quantity of statements, messages and other information on the criminal offenses which arrived during the accounting period.

25. In lines 2 – 11 statements, messages and other information on criminal offenses which served as reasons for the beginning of pre-judicial investigation according to article 180 Code of Criminal Procedure RK are considered.

26. In line 12 data on the number of statements and messages on criminal offenses in the home sphere are reflected.

Data on the criminal offenses made within tax audit contain in line 13.

27. In lines 14 to 31 data on the number of statements and messages on the criminal offenses provided in heads of the Special part of the Criminal Code of Kazakhstan are reflected.

28. In line 32 data on the number of statements and messages on making of the tortures, in line 33 connected with human trafficking are reflected.

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