ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of February 7, 2024 No. 18

About modification and amendments 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 the official report about criminal offenses, and also maintaining the Unified register of pre-judicial investigations"

I ORDER:

1. Bring 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) the following changes and amendments:

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 approved by the specified order (further – Rules):

17) of Item 2 to state the subitem in the following edition:

"17) authorized body – Committee on legal statistics and special accounting of the Prosecutor General's Office of the Republic of Kazakhstan, its territorial and equated to them bodies;";

the fourth Item 13-2 to state part in the following edition:

"On the material accepted on territoriality (jurisdiction) one of the decisions provided by Items 13 and 14 of these rules is accepted.";

to state part one of Item 44-2 in the following edition:

"44-2. The petition for authorization of detention or house arrest with the chosen case papers is displayed at the prosecutor in "The magazine of supervision".";

state Item 57-1 in the following edition:

"57-1. From the moment of acquisition of the procedural status with observance of requirements of article Code of Criminal Procedure RK by means of the public sector access is provided to participants of criminal procedure:

to the available and other data in ERDR on the made proceeding decisions, to the criminal case file concerning or about the face protected by it;

to submission of petitions, the claims provided by Chapter 13 of the Code of Criminal Procedure of RK and receipt of answers to them in electronic format.

Connection to the Internet, availability of the EDS and registration on the public sector are necessary for participants of criminal procedure for work with the public sector.

Access to proceeding decisions which according to requirements of the Code of Criminal Procedure of RK are subject to delivery is provided to participants of criminal procedure.

Registration of participants of criminal procedure is made independently in the public sector taking into account the restrictions provided by articles Codes of Criminal Procedure RK.

Access is provided by person performing pre-judicial investigation in the amount established by the Code of Criminal Procedure of RK.

In case of receipt of the claim of the participant of criminal procedure to decisions and action (failure to act) of person performing pre-judicial investigation, the chief of investigative department, the chief of body of inquiry and the prosecutor by means of the public sector, purposely, on public information systems or by means of the information system "E-Otinish", form 1-ZhU "Form on accounting of claims at pre-judicial stage of criminal procedure" according to appendix 22 to these rules (further - form 1-ZhU) it is filled with the staff (workers) of office of law enforcement agencies.";

add with Item 57-2 of the following content:

"57-2. In the terms provided by part 2 of article 105 Code of Criminal Procedure RK the decision according to part 3 of article 105 Code of Criminal Procedure RK (on complete or partial grievance settlement with cancellation or change of the appealed decision or on refusal in grievance settlement) which is entered into form 2-ZhU "Form of results of consideration of the claim" according to appendix 23 to these rules (further - form 2-ZhU) is made.

At the same time the decision in electronic format is created and signed on the basis of the template automatically created by ERDR.

The claims including which arrived by means of the public sector and the information system "E-Otinish" are displayed in tab ERDR "Magazine of Claims".

Accounting of claims of participants of criminal procedure is performed in authorized body by data transmission from ERDR.";

state Item 58 in the following edition:

"58. In case of establishment of the facts of discrepancy to information entered in ERDR to materials of criminal proceedings measures for elimination of the revealed violations by editing data are taken.

Editing data consists in change and (or) amendment of these details of forms, removal of earlier entered form in ERDR.

Change and (or) amendment of earlier entered data in details of the K-1 and K-2, forms details with 1 on 5 E-1 forms are made by users independently.

Change and (or) amendment of earlier entered data in details of the E-1 form is performed based on petitions of the initiators sent by means of ERDR to authorized body with appendix of supporting procedural documents, and also according to the official report of the prosecutor approved with the head of authorized body. The authorized body within 24 hours from the date of introduction of the specified changes and (or) amendments notifies criminal prosecution authority which data were edited.

Removal in ERDR of proceeding decisions by the initiator of the petition is approved with the prosecutor.

The details "Forces and Means Promoting Disclosure of Criminal Offence" entered in the accounting period are edited according to the petition of body of investigation without appendix of supporting documents.

The details "Forces and Means Promoting Disclosure of Criminal Offence" on the ended criminal cases in the accounting period, after approval of report form No. 1-M "About the registered criminal offenses" are not subject to adjustment.";

to state part one of Item 59-1 in the following edition:

"59-1. Registration of biometric parameters of the user is made by authorized body (the ERDR authorized administrator of the territorial and equated to it body of Committee) on the protected data carrier in case of the address of the user registered in ERDR (in the presence of the identity document and the protected data carrier).";

appendix 12 to the specified Rules to be reworded as follows according to appendix 1 to this order;

appendix 13 to the specified Rules to be reworded as follows according to appendix 2 to this order;

appendix 16 to the specified Rules to be reworded as follows according to appendix 3 to this order;

in appendix 17 to the specified Rules:

state Item 17 in the following edition:

"17. The factors preceding suicide behavior: loneliness (with feeling of isolation) (61), difficult financial position (bankruptcy, debts) (62), adverse housing conditions (63), the conflict relations: with relatives (64), with the spouse (65), with parents (66), in the place of study (work) (67), gap of the family relations (divorce) (68), undesirable pregnancy (69), serious somatic illness (70), loss (death) of the loved one (71), loss of the social status (prestige) (72), fear of punishment, shame (criminal liability) (73), racketing (74), ethnic (75), are not established (76), violence: household (78), bulling (79), involvement in religious sect (80), physical (81), mental (82), sexual (83), ludomaniye (84).";

add with appendices 22, 23 in edition according to appendices 4, 5 to this order.

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, the territorial and equated to them bodies 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 1

to the Order of the Attorney-General of the Republic of Kazakhstan of February 7, 2024 No. 18

Appendix 12

to 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

form

The decision according to the Unified register of pre-judicial investigations

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