Article 105. Procedure for considering complaints against the actions (omissions) and decisions of persons carrying out pre-trial investigation, the head of the investigative department, the head of the body of inquiry, the prosecutor, filed by persons protecting their rights and interests or the rights and interests represented by them Criminal Procedure Code of the Republic of Kazakhstan

     1.complaints against actions (omissions) and decisions of persons carrying out pre-trial Investigation, filed by persons protecting their rights and interests or the rights and interests represented by them, shall be submitted to the head of the investigation department, the head of the body of inquiry, the prosecutor, the court.

     A person who has received a complaint about his personal actions (inaction) or decisions, carrying out a pre-trial investigation, is obliged to immediately send the complaint with his explanations to the head of the investigative department, the head of the inquiry body.

     Complaints about the actions (omissions) and decisions of the head of the investigative department, the head of the inquiry body are submitted to the prosecutor. The head of the investigative department or the head of the inquiry body, whose personal actions (inaction) or decisions have been appealed, is obliged to immediately send the complaint with his explanations to the relevant prosecutor.

     Complaints about the actions (omissions) and decisions of the prosecutor are submitted to a higher prosecutor. Complaints on the issues specified in Article 106 of this code are submitted to the court and considered in accordance with the procedure provided for in art.

     1-1.refusal to accept and register a complaint is not allowed and entails liability established by law.

     Complaints of a person defending his rights and interests or the rights and interests represented by him on the merits of the criminal case being investigated, as well as a response to it and a decision taken based on the results of consideration of the complaint, are attached to the materials of the criminal case.

     2.the prosecutor, the head of the investigative department, the head of the body of inquiry shall, within seven days from the moment of receipt of the complaint, consider it and inform the person who filed the complaint about the decision made. Complaints about a violation of the law during detention, recognition as a suspect, qualification of the suspect's actions, suspension from office, unauthorized inspection, search, seizure, temporary restriction of the disposal of property, suspension of property transactions and other operations are subject to consideration within three days from the date of receipt. In exceptional cases, when it is necessary to request additional materials or take other measures to verify a complaint, it is allowed to consider the complaint within up to fifteen days with notification of the person who filed the complaint.

     3. As a result of consideration of the complaint, the head of the investigative department, the head of the body of inquiry, has the right to petition the prosecutor for the cancellation or amendment of the appealed decision, to give instructions binding on the person conducting the pre-trial investigation, instructions to the body of inquiry.

     As a result of the consideration of the complaint, a decision may be made to cancel or change the appealed decision, to satisfy the complaint in whole or in part, or to refuse to satisfy the complaint.

     At the same time, the decision made earlier cannot be changed if it leads to a deterioration in the situation of the person who filed the complaint or the person in whose interests the complaint was filed.

     4.the person who filed the complaint must be informed about the decision made on the complaint and the procedure for further appeal. Refusal to satisfy the complaint must be motivated.

Code of the Republic of Kazakhstan dated July 4, 2014 No. 231-V kr.

The Code of the Republic of Kazakhstan dated July 4, 2014 № 231. 

President    

Republic of Kazakhstan     

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