Article 104. The general procedure for reviewing complaints in accordance with the CPC of the Republic of Kazakhstan and the Criminal Procedure Code of the Republic of Kazakhstan

     1. It is prohibited to entrust the examination of a complaint to an inquirer, investigator, prosecutor or judge, whose actions are being appealed, as well as to an official who approved the appealed decision.

     2. When considering a complaint, the head of the investigative department, the head of the body of inquiry, the prosecutor or the judge are required to verify all the arguments set out in it, request additional materials, if necessary, and receive written explanations from the relevant officials, individuals or legal entities regarding the actions and decisions being appealed.

     3. The head of the investigative unit, the head of the body of inquiry, the prosecutor or the judge considering the complaint, are obliged, within the limits of their powers, to immediately take measures to restore the violated rights and legitimate interests of participants in the criminal process, as well as other individuals or legal entities.

     4. If moral, physical or property damage has been caused to an individual or legal entity as a result of the illegal actions or decisions being appealed, the right to compensation or elimination of harm and the procedure for exercising this right provided for in Chapter 4 of this Code must be explained to him.

President    

Republic of Kazakhstan     

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