Article 10. Legality of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

Home / RLA / Article 10. Legality of the CPC of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

1. The court, the prosecutor, the investigator, the body of inquiry and the inquirer in criminal proceedings are obliged to strictly comply with the requirements of the Constitution of the Republic of Kazakhstan, this Code, and other normative legal acts specified in Article 1 of this Code.

2. Courts shall not have the right to apply laws and other normative legal acts infringing on human and civil rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan. If the court finds that a law or other regulatory legal act to be applied infringes on human and civil rights and freedoms enshrined in the Constitution of the Republic of Kazakhstan, it is obliged to suspend the proceedings and apply to the Constitutional Court of the Republic of Kazakhstan with a motion declaring this act unconstitutional.

3. Violation of the law by a court or criminal prosecution authorities in criminal proceedings is unacceptable and entails liability established by law, invalidation of illegal acts and their cancellation.

4. In cases of conflict of the norms of this Code, those of them that comply with the principles of criminal procedure are subject to application, and in the absence of appropriate regulation in the norms, the issues of judicial proceedings are resolved directly on the basis of the principles of criminal procedure.

The footnote. Article 10 as amended by the Law of the Republic of Kazakhstan dated 05.11.2022 No. 157-VII (effective from 01.01.2023).

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