Article 106. Procedure for judicial consideration of complaints against actions (omissions) and decisions of the prosecutor, criminal prosecution bodies of the Republic of Kazakhstan Criminal Procedure Code of the Republic of Kazakhstan

      1. A person whose rights and freedoms are directly affected by the actions (omissions) and decisions of the prosecutor, investigative and inquiry bodies, as well as his defense counsel (defenders) on a criminal offense, as well as at the beginning of a pre-trial investigation, interruption of the investigation period, termination of a criminal case, forced placement in a medical organization for forensic medical examination, conducting searches and (or) retrieval, the court has the right to apply with a complaint for refusal to accept an application for violation of the law in committing other actions (omissions) and making decisions. When considering a complaint in accordance with the procedure of this article, the court should not pre-resolve issues that may be the subject of judicial consideration when resolving a criminal case on its merits in accordance with this code.

     2.when considering a complaint, the court, without evaluating the existing evidence in the case, must establish that all the circumstances indicated by the applicant in his complaint were checked and taken into account by the investigator, investigator, prosecutor. At the same time, the court must verify the existence or absence of material, legal and procedural grounds for making a decision on the case, without making a conclusion about the proven or not of guilt, the admissibility or inadmissibility of the collected evidence.

     3.The Limits of judicial audit are limited to establishing compliance with the norms of the law in the commission of actions (omissions) and decision-making specified in part one of this article.

     4.filing a complaint does not suspend the conduct of the appealed action and the execution of the appealed decision.

     5. a complaint may be filed with the district court at the location of the body conducting the criminal proceedings within fifteen days from the date of the person's familiarization with the uncoordinated decision, or within the same period after receiving the prosecutor's notification of the refusal to satisfy the complaint filed in his name, or if the response to the complaint filed to the prosecutor is not received from the date of expiry of fifteen days after the complaint was filed.

     6.the complaint is considered by the investigating judge individually without holding a court session within three days. If it is necessary to investigate the circumstances that are significant for making a legal and reasonable decision, the investigating judge considers the complaint within ten days in a closed court session with the participation of the relevant persons and the prosecutor, whose absence does not interfere with the consideration of the complaint. By order of the investigating judge, the court session may be held in the mode of video communication. During the court session, a protocol is kept. If necessary, the investigating judge has the right to request additional materials, call the relevant persons and ask them questions. Officials whose actions (inaction) and decisions are being appealed are obliged to commit such actions (inaction) within three days at the request of the court and submit to the court the materials that served as the basis for the decisions.

     7.during the court session, the investigating judge informs which complaint is subject to consideration, after which, if the applicant is present at the court session, he substantiates the complaint, after which other persons who have arrived are heard, who have the right to submit evidence to the court. The burden of proving the legality of the appealed actions (inaction) or decisions rests with the person who committed or made them.

     8. based on the results of consideration of the complaint by the investigating judge:

     1) on cancellation of a procedural decision recognized as illegal;

     2) on recognition of the actions (omissions) of the relevant official as illegal or unjustified and his obligation to eliminate the committed violation;

     3) on assigning the prosecutor the obligation to eliminate the allowed violation of the rights and legitimate interests of a citizen or organization;

     4) issues an appropriate resolution on the dismissal of the complaint.

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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