of June 25, 2010 No. 4
About judicial protection of the rights, freedoms of man and citizen in criminal trial
For the purpose of the correct and uniform application by courts in criminal trial of the constitutional regulations and the laws providing personal liberty, personal privacy, personal and family secret, the mystery of correspondence, telephone negotiations, post, cable and other messages, and also increases in efficiency of their judicial protection the plenary session of the Supreme Court of the Republic of Kazakhstan decides:
1. Draw the attention of courts that along with direct permission of legal cases, it is necessary to realize functions of judicial authority on protection against illegal, unreasonable restriction of the rights and freedoms of persons who are involved in criminal trial, to timely acceptance of the measures provided by the law directed to their recovery, and also compensation of damage suffered.
At pre-judicial stage of criminal procedure judicial protection is performed in case of authorization of measures of restraint in the form of detention, house arrest, pledge, measures of procedural coercion in the form of temporary discharge from position and prohibition on approach, and also by consideration of claims to actions (failure to act) and decisions of criminal prosecution authorities, stipulated in Article 106, by part two of Article 109 of the Code of penal procedure of the Republic of Kazakhstan (further - the Code of Criminal Procedure).
During preparation of case for legal proceedings and the main legal proceedings of case judicial protection is performed by check of legality of the production which is carried out by criminal prosecution authorities, observance by them of the requirements of the law guaranteeing procedural law of persons participating in case.
Disclaimer! This text was translated by AI translator and is not a valid juridical document. No warranty. No claim. More info
Database include more 50000 documents. You can find needed documents using search system. For effective work you can mix any on documents parameters: country, documents type, date range, teams or tags.
More about search system
If you cannot find the required document, or you do not know where to begin, go to Help section.
In this section, we’ve tried to describe in detail the features and capabilities of the system, as well as the most effective techniques for working with the database.
You also may open the section Frequently asked questions. This section provides answers to questions set by users.