Criminal Procedure Code at Kazakhstan
Kazakhstan's criminal justice system is governed by the Criminal Procedure Code of the Republic of Kazakhstan, which outlines the procedures for criminal investigations, prosecutions, and trials. The current version of the Code was enacted by Law No. 231-III dated July 4, 2014, and has been amended several times since its adoption.
⚖️ Key Features of the Criminal Procedure Code
1. Principles of Criminal Procedure
The Code establishes fundamental principles to ensure fairness and justice in criminal proceedings:
Presumption of Innocence: An individual is presumed innocent until proven guilty.
Right to Defense: Accused persons have the right to defend themselves, including the right to legal counsel.
Equality of Parties: All parties involved in criminal proceedings have equal rights and opportunities.
Public Trial: Criminal trials are generally open to the public, ensuring transparency.
Right to Appeal: Decisions made by lower courts can be appealed to higher courts.
2. Criminal Proceedings
The Code outlines the stages of criminal proceedings:
Pre-Trial Investigation: Conducted by law enforcement agencies under the supervision of prosecutors.
Prosecution: The prosecutor represents the state in bringing charges against the accused.
Trial: Conducted by courts, where evidence is presented, and judgments are made.
Appeal: Parties may appeal decisions to higher courts.
3. Rights of Participants
The Code guarantees various rights to participants in criminal proceedings:
Accused Persons: Right to remain silent, right to legal counsel, and right to be informed of charges.
Victims and Complainants: Right to participate in proceedings, right to compensation, and right to protection.
Witnesses: Right to refuse to testify against themselves or close relatives, and right to protection from retaliation.
4. Preventive Measures
The Code specifies various preventive measures that can be applied during criminal proceedings: (Criminal Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
Detention: Temporary confinement of the accused.
House Arrest: Restriction of the accused's movement to their residence.
Bail: Financial guarantee to ensure the accused's appearance in court.
Recognizance Not to Leave: A written promise by the accused not to leave the jurisdiction.
5. Special Procedures
The Code provides for special procedures in certain cases:
Mediation: Voluntary settlement of disputes with the assistance of a neutral third party.
Accelerated Proceedings: Streamlined procedures for minor offenses.
In Absentia Trials: Proceedings conducted in the absence of the accused under specific conditions. (Criminal Procedure Code of the Republic of Kazakhstan - "Adilet" LIS)
📄 Accessing the Code
The full text of the Criminal Procedure Code of the Republic of Kazakhstan is available through the official legal information system:
👉 Criminal Procedure Code of the Republic of Kazakhstan
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