LAW OF THE REPUBLIC OF KAZAKHSTAN

of January 18, 2012 No. 547-IV ZRK

About modification and amendments in some legal acts of the Republic of Kazakhstan concerning criminal executive system

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 16, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 15-16, of Art. 211; 1998, No. 16, Art. 219; No. 17-18, of Art. 225; 1999, No. 20, Art. 721; No. 21, Art. 774; 2000, No. 6, Art. 141; 2001, No. 8, Art. 53, 54; 2002, No. 4, Art. 32, 33; No. 10, Art. 106; No. 17, Art. 155; No. 23-24, of Art. 192; 2003, No. 15, Art. 137; No. 18, Art. 142; 2004, No. 5, Art. 22; No. 17, Art. 97; No. 23, Art. 139; 2005, No. 13, Art. 53; No. 14, Art. 58; No. 21-22, of Art. 87; 2006, No. 2, Art. 19; No. 3, Art. 22; No. 5-6, of Art. 31; No. 8, Art. 45; No. 12, Art. 72; No. 15, Art. 92; 2007, No. 1, Art. 2; No. 4, Art. 33; No. 5-6, of Art. 40; No. 9, Art. 67; No. 10, Art. 69; No. 17, Art. 140; 2008, No. 12, Art. 48; No. 13-14, of Art. 58; No. 17-18, of Art. 72; No. 23, Art. 114; No. 24, Art. 126; 2009, No. 6-7, of Art. 32; No. 13-14, of Art. 63; No. 15-16, of the Art. 71, 73, 75; No. 17, Art. 82, 83; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 5; No. 7, Art. 28, 32; No. 11, Art. 59; No. 15, Art. 71; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; The law of the Republic of Kazakhstan of November 9, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation", "Egemen published in newspapers? aza? camp" on November 16, 2011 and "The Kazakhstan truth" on November 19, 2011; The Law of the Republic of Kazakhstan of November 29, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning counteraction of organized crime, terrorist and extremist activities", "Egemen published in newspapers? aza? camp" and "The Kazakhstan truth" on December 3, 2011):

Heading of Article 352 of Chapter 15 to state 1) in table of contents in the following edition:

"Article 352. Obviously false evidences, expert opinions, specialist or incorrect translation";

Paragraph two of Article 242 to state 2) in the following edition:

"it is punished by penalty in the amount of two hundred to five hundred monthly settlement indicators, or restriction of freedom for a period of up to seven years, or imprisonment for a period of up to six years.";

3) in Article 352:

to state heading of Article in the following edition:

"Article 352. Obviously false evidences, expert opinions, specialist or incorrect translation";

part one in paragraph one to replace the word "indication" with the word "indications", shall be replaced with words the words "expert opinion" "expert opinions, the specialist".

2. In the Code of penal procedure of the Republic of Kazakhstan of December 13, 1997 (The sheet of Parliament of the Republic of Kazakhstan, 1997, No. 23, Art. 335; 1998, No. 23, Art. 416; 2000, No. 3-4, of Art. 66; No. 6, Art. 141; 2001, No. 8, Art. 53; No. 15-16, of Art. 239; No. 17-18, of Art. 245; No. 21-22, of Art. 281; 2002, No. 4, Art. 32, 33; No. 11, Art. 155; No. 23-24, of Art. 192; 2003, No. 18, Art. 142; 2004, No. 5, Art. 22; No. 23, Art. 139; No. 24, Art. 153, 154, 156; 2005, No. 13, Art. 53; No. 21-22, of Art. 87; No. 24, Art. 123; 2006, No. 2, Art. 19; No. 5-6, of Art. 31; No. 12, Art. 72; 2007, No. 1, Art. 2; No. 5-6, of Art. 40; No. 10, Art. 69; No. 13, Art. 99; 2008, No. 12, Art. 48; № 15-16, of the Art. 62, 63; No. 23, Art. 114; 2009, No. 6-7, of Art. 32; No. 15-16, of the Art. 71, 73; No. 17, Art. 81, 83; No. 23, Art. 113, 115; No. 24, Art. 121, 122, 125, 127, 128, 130; 2010, No. 1-2, of Art. 4; No. 11, Art. 59; No. 17-18, of Art. 111; No. 20-21, of Art. 119; No. 22, Art. 130; No. 24, Art. 149; 2011, No. 1, Art. 9; No. 2, Art. 19, 28; The Law of the Republic of Kazakhstan of November 9, 2011 "About modification and amendments in some legal acts of the Republic of Kazakhstan concerning enhancement of law-enforcement activities and further humanization of the penal legislation", "Egemen published in newspapers? aza? camp" on November 16, 2011 and "The Kazakhstan truth" on November 19, 2011):

Item 3) parts two of Article 65 to exclude 1);

2) in Article 84:

add with part of 1-1 following content:

"1-1. In need of carrying out research and receipt of the conclusion in pre-judicial production the employee of authorized division of law-enforcement bodies of the Republic of Kazakhstan as the specialist can be involved.

In case of disagreement of the parties with the conclusion of the specialist the body conducting criminal procedure appoints examination.";

in part two after words "comparative, case papers" to add with words ", except the cases provided by part of 1-1 this Article";

in part three after words of "the operations performed by it" to add with words ", and in the case provided by part of 1-1 this Article, to conduct research and to draw the conclusion;";

the fourth to add part with the second offer of the following content:

"In case of obviously false conclusion the specialist bears the criminal liability established by the law.";

"Expert opinion" shall be replaced with words 3) in part two of Article 115 of the word "expert opinions, the specialist;";

4) in part three of Article 116 of the word "expert opinion" shall be replaced with words "expert opinions, the specialist;";

Article 137 to state 5) in the following edition:

"Article 137. Procedure for detention of detainees on suspicion of crime execution

Detainees on suspicion of crime execution contain in temporary detention centers. The military personnel and persons serving custodial sanction detained on suspicion of crime execution can also contain respectively on guardrooms and in the organizations of criminal executive system of the Ministry of Internal Affairs of the Republic of Kazakhstan performing custodial sanction. In the cases provided by part three of article 65 of this Code, detainees on suspicion of crime execution contain in specially adapted rooms determined by the chief of body of inquiry. The procedure and conditions of detention of persons detained on suspicion of crime execution are determined by the legislation.";

Part one of Article 142 to state 6) in the following edition:

"1. In exceptional cases in the presence of the bases, stipulated in Article 139, and taking into account the circumstances specified in Article of 141 of this Code, the measure of restraint can be applied to the suspect. At the same time charge shall be brought to the suspect no later than ten days, and of making cases at least of one of the crimes provided by Articles 163, of 168, of 169, of 171, 233-237 and 241 Criminal Codes of Kazakhstan - no later than thirty days from the moment of application of measure of restraint and if the suspect was detained, and then is taken into custody - in the same time from the moment of detention. If in this time charge is not brought, the measure of restraint is immediately cancelled.";

Article 201 to add 7) with part six of the following content:

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