ORDER OF THE ATTORNEY-GENERAL OF THE REPUBLIC OF KAZAKHSTAN

of December 23, 2014 No. 159

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 statements and messages on criminal offenses, and also maintaining the Unified register of pre-judicial investigations"

For the purpose of enhancement of procedure for acceptance and registration of messages and statements for criminal offenses, being guided by subitem 4-1) of article 11 of the Law of the Republic of Kazakhstan of December 21, 1995 "About Prosecutor's office", 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 statements and messages on criminal offenses, and also maintaining the Unified register of pre-judicial investigations" (registered in the Register of state registration of regulatory legal acts for No. 9744, published on October 21, 2014 in the Information system of law"? d_lt") the following changes and amendments:

the heading in state language is reworded as follows, the text in Russian remains without change;

in Regulations of Admission and registration of statements and messages on criminal offenses, and also maintaining the Unified register of pre-judicial investigations, approved by the specified order:

the heading in state language is reworded as follows, the text in Russian remains without change;

3) of Item 1 to state the subitem in the following edition:

"3) information on criminal offense - any 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 5 of article 181 Code of Criminal Procedure RK.

Information of confidential assistants, in the presence in it sufficient data about signs of criminal offense, is drawn up by the official report of the official, according to requirements of Item 2) of part 1 of article 184 Code of Criminal Procedure;";

9) of Item 1 to state the subitem in the following edition:

"9) authorized person - the employee of control room of criminal prosecution authority (the official responsible for acceptance and accounting), and also the staff of criminal prosecution authority who are deployed separately;";

to state part 2 of Item 3 in the following edition:

"Information transfer by the official responsible for acceptance and accounting is performed with obligatory mark in the Book of accounting of transfer of materials in form according to appendix 3 to these rules.";

add with Items 5-1 and 5-2 of the following content:

"5-1. The staff of criminal prosecution authorities who is deployed separately in case of receipt to them of information on criminal offenses without delay performs its registration in KUI.

5-2. In the absence of access to information system, the official specified in Item 5-1, notifies with use of means of communication person responsible for acceptance and accounting who based on the received notification constitutes the official report about registration in KUI in form according to appendix 3-1 to these rules.";

state Item 6 in the following edition:

"6. To the applicant who directly filed in criminal prosecution authority petition, the message on criminal offense, authorized person issues the coupon notification in form according to appendix 4 to these rules containing unique number. The coupon can be also issued to the applicant by operational-investigations group, the local police inspector.";

state Item 8 in the following edition:

"8. The head of body of prosecutor's office, the responsible chief of investigative department or body of inquiry, according to the competence established by the Code of Criminal Procedure of RK shall provide immediate transfer to investigators, investigators, prosecutors, and also other officials of information on criminal offense for execution of requirements of Items 12-15 of these rules and implementation of production of pre-judicial investigation.";

state Item 9 in the following edition:

"9. Statements and messages on the made, preparing or made criminal offense in case of the direct address (corporal appearance) of the applicant are accepted on approximate samples according to appendices 5, of 6, 7 to these rules.

This requirement does not extend to the statements, messages which arrived by means of telecommunication and electronic means of communication. In the specified case, filling of the statement on approximate samples is made on arrival of the employee of criminal prosecution authority directly to the applicant, and in the cases which are not suffering delay - after carrying out urgent investigative actions.";

add with Item 13-1 of the following content:

"13-1. After registration in KUI, in case of establishment of the similar information on criminal offense which is earlier registered in KUI it is given to the official, or to body, for familiarizing with initially registered.

If according to the similar information on criminal offense registered in KUI pre-judicial investigation is begun, she without registration in ERDR joins materials of pre-judicial investigation.";

state Item 14 in the following edition:

"14. If information on criminal offense fixed in KUI does not fall under the occasions listed regarding 1 article 180 Code of Criminal Procedure RK, within 24 hours one of the following decisions is accepted:

1) based on the official report of the official, with the consent of the head of criminal prosecution authority or his deputy it is left without consideration and it is stored in nomenclature case (job specification);

2) in the cases specified in part 5 of article 181 Code of Criminal Procedure RK goes to the relevant authorized state body or to the official;

3) in the presence of other bases goes to authorized body (official) which competence includes consideration of questions of attraction to administrative or disciplinary responsibility;

4) goes on territoriality or jurisdiction if consideration of information is within the competence of other criminal prosecution authority;

5) about familiarizing with KUI or ERDR.

About the made decision the author of the address is given the written answer.";

add with Items 14-1, 14-2, 14-3 of the following content:

"14-1. The statement which arrived in criminal prosecution authority, the message containing data according to which criminal prosecution is performed in private procedure with the available materials is subject to the direction in the relevant court on cognizance without registration in ERDR.

The specified requirement does not extend to cases when person who made this criminal offense is not known.

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