Article 100. Appeal of decisions and actions (inaction)bodies and officials of the CPC RK Criminal Procedure Code of the Republic of Kazakhstan

     1. Decisions and actions of the person conducting the pre-trial investigation, the prosecutor, the court or the judge may be appealed in accordance with the procedure established by this Code by the participants in the process, as well as by individuals and legal entities, if the ongoing procedural actions affect their interests.

     2. Complaints shall be filed with the state body or official authorized by law to consider complaints and make decisions on the given criminal case.

     3. Complaints may be oral or written. Oral complaints are recorded in a protocol, which is signed by the applicant and the official who accepted the complaint. Oral complaints presented by citizens at the reception of the relevant officials are resolved on the same basis as complaints submitted in writing. Additional materials may be attached to the complaint.

     4. A person who does not speak the language in which criminal proceedings are conducted shall have the right to file a complaint in his native language or the language he speaks.

     5. The person who filed the complaint has the right to withdraw it. The suspect or the accused has the right to withdraw the complaint of the defender; the civil plaintiff, the victim (private prosecutor), the civil defendant has the right to withdraw the complaint of his representative, except for the legal representative. A complaint filed in the interests of a suspect or accused may be withdrawn only with their consent. The withdrawal of a complaint does not prevent its re-filing before the expiration of the time limits specified in Article 102 of this Code, except in cases expressly provided for by this Code.

President    

Republic of Kazakhstan     

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